How common is it to have a parent file a false TRO on the parent who filed to change custody, etc?? TRO was denied but still have to go to hearing. Why would that be? Doesn't this look bad on the parent who filed for a TRO with zero proof? Plus its the same judge who will hear our TRO and custody mod.
Divorce / Separation Lawyer
The TEMPORARY restraining order was denied based on the papers, but the judge set the matter for a hearing to see if the moving party can prove his/her case based on testimony. You are in a good position, because the denial of the TRO is an indication that the case is weak or that the other parent did not provide enough evidence to get a TRO granted.
What you need to do is prepare to address all of the allegations set forth in the TRO paperwork. Be prepared to cross examine the other parent about the allegations, provide evidence, and other witnesses as the case may be. Argue that the TRO is simply an attempt to gain an advantage in a custody/support proceeding, and be prepared to tell the judge your side of the story.
I am including links below which may be of some help. Good luck to you.
If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.
1 found this helpful