How to fight against a domestic violence restraining order when you have little evidence while the petitioner has a lot?
5 attorney answers
For one, you never reported any of the abuse so some of this is your enabling behavior. Second, he does seem to have piled up enough evidence to win the TRO. You really need a fighter in your corner at the permanent restraining order hearing. I'm sure you have some things on him that you just overlooked. A good attorney will set the record straight.
This is a general statement regarding law and facts and should not be construed as an attorney-client relationship or a solicitation for same.
Consult with an attorney experienced with DVTRO, domestic violence temporary restraining orders, who can help you defend against his allegations of abuse against you. Also, an attorney can help you present evidence such as testimony from witnesses who can support your position and defense. An attorney can cross examine opposing party and impeach him. This can create loss of credibility of opposing party. An attorney will know what evidence to present and how to present it in such a way to be accepted into evidence over objections by the other party. In other words, you want your evidence to be heard by the judge and not be excluded by the court. Presentation of evidence is a tricky thing!
Do not take this lightly. You need representation at the hearing. And you need to be ready to represent your side calmly and clearly. The court recognizes that not all claims of abuse are true or supportable. But I think it unwise to try to do this on tour own. The possible ramifications are too serious.
If you believe that a temporary restraining order is likely to be issued against you, your best bet is to avoid court altogether. Think about hiring an attorney. The court will usually require both sides to meet and confer before the trial. Often times, a person without an attorney will want to settle once he or she the other person is ready to put on a trial.
If you do go to trial, you will need to overcome those text messages. Bring witnesses to court. You said your parents had witnessed some of the behavior. Ask them to testify. If your ex has ver thrown things, broken things, gone through your purse, gone through your cell phone, followed you, prevented you from leaving a toon, prevented you from making a phone call, prevented you from sleeping, prented you from leaving the house, took your personal. Items without permission, or followed you room to room, tesify about those things.
Have witness's tesify about those things they have heard the ex say. Try to show that the arguing was mutual. If the exchanges were all verbal, you will have a pretty good shot of overcoming the evidence. It is not against the law to simply call someone names.
Present your side very very calmly. But these orders are so common it's not likely to have any effect on employment.
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