He can request a modification of the restraining order, but I doubt that a judge will grant it. On the contrary, I think the judge will be upset that he is using the court system to harass you and get a "second bite at the apple" so to speak.
The judge has already made its findings regarding the "abuse" and issued a 5 year restraining order based of the evidence at the trial. According to your question, he is simply trying to say "judge...you got it wrong--you didn't give me a chance to explain!" That line of argument is really not going to go over well with the judge.
Since you do not want to be subjected to this over and over again, I suggest that you hire an experienced family law attorney to go to court for you so you don't have to. An experienced family law attorney will know how to argue against the request, and it will save you a lot of headaches from having to deal with this all over again.
If there are children involved, and child support is at issue, then you do want to begin educating yourself on the law; and I am including links below which will provide you with some of the basics. Good luck to you.
If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.
The party can always request a modification. You can oppose it.
henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- firstname.lastname@example.org (978) 749-3606.
Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.
Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.
Divorce Child support Alimony DUI Child custody Domestic violence and child custody Family court and child custody cases Guardianship and child custody Legal malpractice and negligence Divorce and family Criminal defense Crimes against society Criminal charges for theft Crimes against persons Domestic violence and criminal charges Restraining order and criminal defense Child support order Child support and custody Ending child support Estate administration Probate Paternity and child custody Professional ethics Family law Paternity Guardianship and conservatorship Domestic violence and family law