What kind of evidence or witness do i need to fight a false temporary restraining order that could become permanent by more lies

Asked over 2 years ago - Torrance, CA

what kind of evidence do i need to fight a falsely acquired tro that may become permanent. my court date to return is in june. i have filled all requirements, however, wife keeps violating the tro she had placed on me by coming to my home, only allowing me to see him if i meet with her and do it. placing many demands on me to always give her money. i have given her everything, my home , car, all material items, she has spent nearly $80,000.00 before i arrived home. that was to be our safety net. i have nothing to give. i am on unemployment temporarily, have offer to contract in iraq to acquire funds to be represented by an attorney. i have missed most of my sons 1 st year of life for no justified reason

Attorney answers (2)

  1. Nicholas Basil Spirtos

    Contributor Level 20

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    Lawyer agrees

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    Answered . The best evidence is often testimony from uninterested persons. If you know people that will come to court to testify, try and get them to come. Declarations are sometimes allowed. I don't know what kind of lies are being told, but for example, if she says you did something on a particular day at a particular time, if you have any kind of document, like a receipt, a time sheet, photo, etc. that would show you were somewhere else on that day at that time, that would be good evidence to produce.

    Anything that would tend to make her look less credible to a judge.

  2. Anne Whalen Gill

    Contributor Level 13

    Answered . Mr. Spirtos gives good advice on types of evidence to dispute the TRO. I'm concerned by your statement that you've given her everything. That may lead her to expect you to continue giving everything. A court should be willing to intervene to establish how you can see your son without violating the temporary order. In fact, many courts will get upset with her for setting you up and being too controlling about seeing your son.

    This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with... more

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