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Restraining Order Blog is intended for educational and informational purposes only. Some posters are court ordered to have no contact of any kind with the person having a Restraining Order against them. Meaning no third party contact as well. If you by chance know a person one of our posters/authors is discussing to share their Restraining Order experiences with others, we ask you to respect our rights to free speech, under the Constitution. Restraining Order Blog is not meant to harass, directly or indirectly contact, harm, imtimidate, bring any emotional distress, stalk or cyberstalk, nor intentionally slander or damage any individual in any way. Nor is it intended to initiate any third party contact on behalf of any poster or author, or violate a current restraining order in any way. If you feel there is anything on our Restraining Order Blog that is slanderous, untrue, or illegal, please bring it to our attention. We will examine your request promptly, and any post you find offensive will be reviewed for removal in a timely manner. If you have a story to share, email me at ka7niq@yahoo.com, and I will add you as an author on Restraining Order Blog.






11/12/2009

How to Beat a False Restraining Order

How to Beat a False Restraining Order

Author: Drew P. Spaeth

In today's political climate, divorce has become a cottage industry & one result has been a huge increase in the filing of false restraining orders in divorce cases. Most often, this affects the man in the divorce. If you are in this situation, you must learn how to beat a restraining order if you are to have any future contact with your children & save your reputation. This article will get you pointed in the right direction. Do not make the mistake of being unprepared. The road to defending yourself is full of pitfalls, any one of which could land you in jail!

One single false accusation from your spouse can have you hit with a false restraining order & subject to criminal prosecution. What is worse, the burden of proof is on YOU! That is right, she has no burden of proof, but you do.

Some unscrupulous lawyers will advise women to file a restraining order because:

1. It is a way to get quick custody of the children WITHOUT a hearing (yes, this CAN happen!)

2. It is a way to maximize alimony & child support payments.

There are two key concepts you need to master in order to learn how to beat a restraining order:

1. You need to become an expert on the restraining order process.

2. You need to take an active role in your case.

As stated in the intro, divorce has become an industry. No one knows the details of your situation better than you do, & no one will look after your best interests better than you. That is why hiring a lawyer to take care of things for you may be the worst thing you can do. You need to be knowledgeable on restraining orders & active in your defense to be successful.

One thing you should NEVER do after a restraining order has been filed is to attempt reconciliation with your wife. Even something as simple as an I'm sorry note or flower delivery violates the order & will land you in JAIL. That is why it is so important for you to become informed. There are too many mistakes like this waiting to happen.

You now have a basic outline on how to beat a restraining order. It is now up to you to become an expert. Your reputation & your children depend on it

Posted by chris tucker at 11:05 PM
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10 comments:

  1. i really need help with this my wife has made over 10 or 12 false reports that i haved called her and left sevaral messages on her phone. when in fact i lived with one of her friends and he often used my cellular phone i was setup. and embaresed in front of the court. i now have a one year injunction against me and am not allowed to see my daughter. how do i fight this
    ReplyDelete
  2. He should have testified to this at the restraining order hearing. Now, she has an injunction against you. You will have to try and get back before the judge for a modification hearing of the injunction. Try calling the judges chambers, and ask to be placed on his court docket.
    At this time, you better have all your witnesses together. better yet to retain a lawyer, if you can afford one.
    ReplyDelete
  3. My wife claimed that I violently shoved her into the door of our kitchen and used this as her lie to get a restraining order. My hearing is in one week. In her testimony she wrote that after I shoved her I walked outside with our daughter into the rain. I have looked up the weather data for this particular day and it was not raining. It had not rained for two weeks prior to the date of her allegations and it had not rained two weeks after this date. This is the only provable lie in her testimony. Is this enough to have a TRO thrown out.
    ReplyDelete
  4. Probably not I am afraid. If your daughter sides with your wife, it will not matter. Your wife will probably get the restraining order granted, no matter what. But it is worth trying to catch her in a Lie. As always, it will depend on the Judge.
    ReplyDelete
  5. Defeated Dad writes...

    My wife has gotten a Restraining Order when in fact In have never harmed her or intended to harm her or my children. She wrote that I had a weapon, and that I threatened to shoot my twin 13 month old girls in the head. The judge heard both sides, asked her if she wanted the RO, and it was granted with the modification that I could see my girls. When I ran to the daycare that same day, she filed a ex parte for custody banning me any contact. The same judge heard the request, I was too busy crying at the daycare I couldnt see them. Its been 17 days, dont know how much longer I can last. Help!!
    ReplyDelete
  6. I would see a lawyer as soon as possible, and fight the order keeping you from your children.
    The longer she is successful at keeping you from your children, the more likely she will be rewarded legal custody of them.
    It is very common, in a divorce or custody battle, to use the legal system against you, by lying to get restraining orders.
    ReplyDelete
  7. My boyfriend and I got into a fight and he pushed me and my neighbors talked me into getting a restraining order against him. We broke up and got back togather and I went to the court house to get it lifted and judge denied it. We then about a month ago got in a fight at my work and the police came and arrested him. He has a prior domestic violence conviction. Is there anything I can do to get him out of this?? Can I get the order lifted somehow??? Whats going to happen to him??? This is in Broward county, Florida. Please help.
    ReplyDelete
  8. Was there a restraining order in place when you guys got into a fight at your work place ?
    ReplyDelete
  9. My wife and I are in the beginning stages of a divorce in NC. In fact, neither party has filed for legal separation as of yet. On Thursday afternoon, she accused me of damaging her Vinyl Cutting Machine 'on purpose', to impede her Home based business. After fixing the machine (one of the wires needed to be reconnected), she announced 'that was it', and filed a 'Domestic Abuse Protective Order', having me removed from my residence, and not allowing me to see our Daughter. The order was scheduled to be served on Friday morning, but she decided that because it was filed 'out of anger', and that I was not a danger to either her or my daughter, she called the Sheriff to have the order dissolved, but was obviously told that 'it was too late' and the order had to be served, and we would have to appear in court. Any advice on beating this one, as it was filed under false pretenses, and there are logged calls from her to the Sheriff, requesting the order be dropped. Thanks.
    ReplyDelete
  10. my wife has accused me of being abusive and has taken my child when there is no prior abuse claims to anyone in my family and there has never been the cops out to my place and i have all of my sons stuff from medications to clothes i am the primary care provider for my child because she hasn't worked in a year and half and hasn't tried me and my mom take care of my son and she hasn't accused me of abusing him and my son will spend 50% or more of the time at my moms house as long as me and my wife and we spent 20 days or more at my moms house this last month before all these things happened i need to know what are the odds of me getting a counter and getting temporarily custody till this is all straightened out
    ReplyDelete

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