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Can The Order Require The Restrained Person To Pay Support?
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Can The Order Require The Restrained Person To Pay Child Support?


Can The Order Require The Restrained Person To Pay Child Support?

Yes, but only if the child is a product of your marriage to the batterer or if the restrained person has been legally established as the child’s father (through, for example, a paternity court action). You then can request that child support be included in the restraining order. Fill out an Income and Expense Declaration and attach it to the TRO application if you want the judge to consider your circumstances in making such a decision.

The judge also can assign you sole temporary possession of the family home – regardless of who owns it or whose name is on the lease. And the order can grant you exclusive use of other property, such as a car. The law even allows the judge to require that certain debts be paid while the order is in effect, that property not be transferred or sold, and that the restrained person reimburse you for losses caused by his or her abuse.

What if you already have a divorce action pending against your abuser? You can still seek a separate restraining order and include any of the specific requests listed above. However, the court will probably merge the two cases into one eventually.