whatever_works wrote:Criminal court RO's are probably worse for dads. I've had a criminal court RO for 2 years and I can tell you that the confusion is worse than the actual order. The probate courts don't know how to handle it. My custody was in a sense settled by the criminal court. The judge doing temporary order hearing in probate court said he does not want to step on the toes of the criminal court judge. My wife's attorney used to relish the confusion and my first two attorneys were clueless.
From my understanding, probate court RO's are easier to handle for men's divorce attorneys.
I have also seen this as the jurisdiction questions cloud the issue. For example, my exes restraining order, which she gets renewed every year despite the fact that I have not spoken to her since 2012, is out of criminal court. However, a part of the restraining order is that I cannot contact my daughter's school. Of course the criminal court tells me to go to the probate court when I complain about this, and the probate court tells me to go to the criminal court.
This is sadly very common. For this reason unscrupulous attorneys are now mostly pursuing restraining orders out of criminal court. It is very difficult to win these cases in MA. They can usually only be won on appeal.
Bottom line: those statistics are very deceiving, because a criminal restraining order 'not in the file' is just as deadly to Dads case as a restraining order 'in the file'.