How do I get restraining order lifted and get custody of my kids and can I give temporary guardianship to a family member?

You don't provide enough information to properly answer your question, but normally custody and restraining orders are separate cases. Custody is determined solely upon what is in the child's best interest and is not decided by allegations or findings concerning protective orders. You can't "give" temporary guardianship to a family member and still argue to have custody yourself.

Final restraining orders are permanent. Once a plaintiff obtains a temporary restraining order, 1 of 3 things can happen: the plaintiff could decide at any point to voluntarily dismiss it, or the court, after a hearing can either dismiss it or convert it into a final restraining order. Final restraining orders can only be dissolved by agreement of the parties or by Court Order upon application of the defendant. If a judge finds that (a) the plaintiff does not fear for his or her safety or (b) is not in need of the protection of a restraining order, those are 2 reasons why a judge might dismiss a temporary restraining order. To vacate a final restraining order, the court is required to consider a number of factors, including but not limited to, consent of the victim, nature of relationship between the parties, and whether the defendant has had any other history of domestic or other violence. Unless a final restraining order specifically limits a defendant's contact with the parties' children, courts will generally dispose of custody and parenting time issues in the typical fashion, i.e. Best interests of the children. Your next step should be to appear in court on the return date and explain to the court why it is in the children's best interests for custody to be with you. As for temporary guardianship to a family member, there is a presumption that it is in the children's best interests for custody to be with the natural parents. You will have to demonstrate an extremely compelling reason as to why it is against the children's best interests to remain with your wife (i.e. That she presents some sort of harm to them) and in their best interests to be in the care and custody of a family member.