A restraining order was filed against me only because the petitioner who filed it is filing the order as a retaliatory measure because I have served her a modification of child support and parenting plan. The declaration of why she filed it is an abuse of the order and makes false accusations against myself. How do I get the order dismissed or revoke for libel and lying to the courts?
Criminal Defense Attorney
I have a guide I've written in Avvo exactly on this point. Best luck to you.
At your service,
Child Custody Lawyer
You respond to the motion in writing and prove by a preponderance of the evidence that the allegations are false. Please do not argue libel because it is not relevant. If you allege she is lying, it is your burden to prove that allegation. My advice is to hire counsel because most f these orders are granted and without expertise in the area, you are at risk.
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
General Practice Lawyer
As Mr. Hawkins has stated, libel is not relevant. This is a legal term and is a serious accusation. What you want to avoid is making comments that rile the court and cause them to take you less seriously as to the underlying cause. You also will only have a limited amount of time to address the court.
Please understand that typically the court commissioners have many hundreds of pages of materials to read each morning before a calendar of motion hearings. They don't have a lot of time to spend on your materials or on the hearing itself. With budget cuts and tax revenue reduced state wide, resources for courts have been reduced as well. So, be prepared, have your evidence in order and timely filed and properly served on the other side, and make an outline to use when it is your turn to speak.
The evidentiary threshold for granting a restraining order is relatively low. If you want to stop it, you likely would have to prove they have no grounds based on the petitioner's own testimony/evidence, not merely on what you submit in response. If you are unable to succeed in quashing the petition, you may be able to limit the terms of the order or the duration of it, so be prepared to quickly respond on these issues if the court grants the petition.