I was visiting my ex so that he can see our son. Suddenly, his other ex shows up to pick up their son (not the designated pick-up/drop off) verbally attacks me & hits me which ends up with us two fighting. She then tells him that she has a restraining order against me for her & their son together. Neighbors of his witnessed the fight and wrote statements on my behalf. He then tells me 3 days later that am officer went to his home to serve me papers (I moved out 2 months ago) she is lying to her lawyer and I don't know what I can do. Can she do this? Her and "our" ex are in a custody battle and I think that's why she is doing this... HELP!
Back up a second. Don't attribute a reason to what she does, just protect yourself.
She can seek a protective order even if it is based upon lies. Every court that hears these kinds of cases knows many of them are made up. That is no longer the issue. The fact is that she has apparently filed so you have to respond. How do you do that? You get a lawyer who is trained in this area and respond, perhaps even ask that that the courts realign the parties if that relief is available in your state.
While you're at it you might want to talk to the lawyer about filing against your old boyfriend or husband, depending on his status, and get a court order for child support and a plan on how to raise the child that you in common.
Anyone can request a restraining order against any other person. The important part is the proof. She would have to be able to prove that you either threatened her or used violence against her by a preponderance of the evidence. If the Judge believes her then she can get an order. You, however, have the right to respond and have your side of the story heard before a permanent order is made.
You need a local lawyer to help you.
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