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My childs Mom recently filed a restraining order on me using fake evidence that I threatened her. How can I prove it's fake?

Apple Valley, CA |

My childs Mom recently used my computer and had a fake conversation where I supposedly threatened her & our child (i have physical custody) through instant messaging. My screen name isn't my real name. Can I simply deny it & get the so called evidence tossed?

BTW, our 8 year old can testify to the fact that her Mom was on my computer.

Attorney Answers 2

Posted

You'd have to introduce evidence that the conversation was not genuine, just as the mother would introduce evidence that it was. The court then has to decide which evidence is more credible and believable. Your testimony is evidence itself; but the mother will be introducing her own testimony as evidence as well, so you'd want something else to swing the balance. It probably won't be your 8-year-old's testimony, though - most courts would never, ever let a small child testify for one parent against the other. You should consult in private with an attorney who practices in your area to discuss your options.

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

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Posted

Whether to introduce a child into such a heated matter is obviously up to you, but, respectfully, you should take a long, hard look at doing so.

That aside, her DV form and any and all attachments need to be examined closely. I would get an aggressive lawyer as soon as possible. This matter should not be taken lightly. A TRO will show up on your permanent record, and that's obviously not good. Good luck with this.

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