Greetings, I have an injunction against repeat violence on my ex husbands current wife. I have had this order for 8 years. She has recently filed an outlandish motion to vacate the injunction ( Outlandish, meaning personal/slander attacks against me) stating that I lied to get the injunction, which isn't true. In the last 8 years things have not gotten better and I still dear this woman, in your professional option, what are the chances a judge would dismiss my injunction? The woman has a picture on the Internet with her holding a gun, that should be enough to keep this motion standing correct?
I think the strongest argument other than any improper contact or violations since the injunction was issued is why would she spend the time and money to vacate the injunction if she has moved on with her life and never harrassed you? If you have any evidence that she has violated the injunction let the judge know, does the injunction provide she cannot possess a gun, if so the picture is important, also whether she has committed any crimes since the injunction, anything that would indicate she is still a threat. I agree with the other lawyer it is hard to predict what the judge will do.
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Criminal Defense Attorney
It's impossible to know what the chances of a judge dismissing an injunction that has been in place for 8 years without knowing all of the facts. How does this person intend to prove that you lied? What evidence does she have? If there is a video from 8 years ago where you admit to lying and that you will be filing for an injunction under false pretenses, then it might be vacated. But it's hard to imagine that a scenario exists where she will be able to prove any of her "outlandish" claims. The mere fact that she has a picture holding a gun is frankly irrelevant.
This is not to be considered legal advice nor does an attorney-client relationship exist.
3 lawyers agree
Criminal Defense Attorney
It depends on what kind of competent evidence she has to support her claims. If, as you say, the Motion is filled with lies she will be unable to substantiate her claims other then lying herself. The gun in itself is not enough to keep your injunction in affect. As another attorney pointed out, this would only be relevant is she is not supposed to be in possession of firearms.