Can I appeal a restraining order?
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Can I appeal a restraining order?
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A long time live in girlfriend of mine filed a restraining order on me because I told her I wouldn't leave our home until I payed off some debts first. We were breaking up of course but I pay the whole rent and said I will leave in 6 months. She didn't agree and made up all kinds of stuff to get the Sheriffs to come and kick me out of my house with a TRO. She lied on the restraining order by saying that I hit her and threatened to kill her and her mom and that Im abusive to our kids. I figured that at court that the judge would see through her lies so I didn't get a lawyer. She didn't have one either but the judge was a jellow brains and went for her vindictive lies and issued a 3 year protective restraining order. This woman has taken my home, I haven't seen my kids for months and she has ruined by career path with these lies. She knew I wanted to become a police officer and now I can't cause of this crap being on my background record. I want to know hire a lawyer to fight these lies and have this protective restraining order reversed. I will shell out every penny I have to get justice here. I can't believe that someone can just lie like this and ruin someones life. I have no criminal record and there has never been any police report or calls about me being abusive but this biased judge did not care. My question is can a good lawyer have this order reversed and erased? I'm from California. Additional Details Fraginal - What would a valid reason be? Would ruining ones current and future career be a valid reason. It seems so to me as it affects my ability to financially support my kids. I had to quite my current job as i carry a firearm there.
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Artman
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You can appeal , that's your right, but that doesn't necessarily mean you can win. |
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FRAGINAL-NOYPI
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The restraining order could be appealed if there is a valid reason. |
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carebearkillah
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yes u can appeal it. basically you can explain the fallacy of the ground for which the order was presented. Although if you're seeking to appeal it to see a person individually it may be more difficult, i.e. u love a girl alot and wanna see her. They would be unlikely to grant that appeal. Conversely if there was an order barring you from going to an address and you need to go there for work etc. you should be able to over turn it easily the same goes for children. Check specifically with a firm though. |
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Master of My Own Remote Control!
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The Courts have an obligation, to all parties involved, to hear any case. Going to see if I can find something out there in California that might help, and will update should I find anything helpful to your situation.
MOST IMPORTANTLY, do not miss the deadline date within which to file your appeal! |
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James E
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I had a friend who challenged his TRO Massachusetts and won his case you need a restraining order lawyer. I think this is the place he used I know it isn't Cali but I would hope there is something similar in your state Good Luck.
http://www.anortonlaw.com/PracticeAreas/Restraining-Order-Defense.asp
"Have you been slapped with a restraining order as part of a divorce proceeding? Are you worried you will be denied access to your children? Brockton restraining order attorney Andrew H.P. Norton will help you fight against an abuse prevention order and restore your rights and reputation.
There are several grounds for challenging a restraining order or temporary order for protection. Often these orders are an overreaction to a domestic argument, or a retaliation by the other party for some perceived transgression. Nonetheless, they should be taken very seriously and you should get prompt, aggressive representation by a qualified attorney.
Brockton restraining order lawyer Andrew H.P. Norton has practiced both criminal defense and family law for 17 years. Our practice defends clients in Norfolk County, Plymouth County, Bristol County, Cape Cod, and throughout Southeastern Massachusetts.
Divorce, Custody and the Role of Restraining Orders
The courts realize that spousal abuse, threats and other domestic violence are often associated with the break-up of marriages and relationships. However, courts have also gotten wise to the fact that estranged spouses, ex-spouses and feuding parents may file trumped-up restraining orders to gain leverage in child custody, visitation or divorce proceedings.
Family courts in particular are better at ferreting out the restraining order cases that lack merit. However, you cannot count on the prosecutors or judges to see through the false accusations against you. If the restraining order is approved or upheld on appeal, you can be removed from your own home or be denied or restricted in visitation with your own children!
Violation of Restraining Orders
Sometimes the other party will go so far as to get the protection order and then claim a few days later that you violated the restraining order, a serious criminal offense. We provide a rigorous defense against any charges of violating a protection order, including challenging the grounds for the original order.
Contact Brockton restraining order attorney Andrew H.P. Norton to protect your rights and maintain your right to see your children. We offer a free consultation to discuss your situation and form a strategy for your defense". |
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Bill
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My wife and I went on vacation with sister and cousins. My sister welched on paying some of the fees...when we go home we tried calling her to collect said fees. She always had an excuse for non-payment....next thing I know i'm slapped with a restraining order. Once I read the court summons I realized she had told lies on the report. We went in front of a judge. He gave her her say. (She wanted me to stop calling her.) Judge asked me if I called her, I said yes...Judge gave her a restraining order..I never threatened her or anything. I feel RailRoaded by the courts. Worst of all...I had positve proof she lied to get her petition and the judge wouldnt listen to anything I had to say!! What they say about Florida is TRUE..Come on vacation..leave on PROBATION!....How can the LIAR beat the person teling the truth?...I only called her to collect monies owed...I never threatened her!!??!! Trust I will appeal this!! |
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