My wife hit me with a TRO in domestic violence, divorce papers and got temp custody of my child, how do i disprove TRO?

Asked over 5 years ago - Rancho Cucamonga, CA

My wife abandoned three other daughters, ours twice, most recently two years ago. I went through a stupid time and ended up paying for it but my daughter (10) always stated she loved me and wanted to live with me until this month.

My wife hit me with a false domestic violence report stating I called her repeatedly & I'd cut her throat and put her in the trunk of her car.. I was incarcerated on ALL dates she includes broke her jaw & more. How do I undo a false TRO? Also was never served properly. My wife I only found out about past children! She did this to two other men. CPS is of no help, they won't allow HER background in front of judge and moved venue. I want to file a divorce to counter hers and have part custody of my daughter. My mom died, it's the house she's after, not children.

Attorney answers (2)

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    Lawyer agrees

    1

    Answered . If your ex has only obtained a TEMPORARY restraining order, then you've got a date coming up. I assume you can get a certified copy of the records reflecting where you were incarcerated, and when. Get'em, and bring'em to court.

    In terms of the divorce, there's nothing to "counter"; if you file a timely formal Response in the dissolution action she's filed, you've "counter-filed".

  2. 1

    Lawyer agrees

    1

    Answered . First, if there's a TRO, there should be another hearing where you can disprove her allegations. You need evidence showing you were incarcerated at the times of the calls and when she broke her jaw.

    Second, you only need to respond to wife's divorce. There are some tactical reasons to be the Petitioner -- file first -- but even if you filed a separate divorce, they'd just consolidate the two actions.

    Third, you need to file a response and an OSC for custody/visitation and or modification of any existing orders.

    Edward J. Blum
    213-479-5322

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