She filed the restraining order a few days after she was released from jail for a domestic battery towards me. I have text messages, photos, 911 calls, police reports, voicemails, medical records, and witnesses that can prove her constant physical and verbal abuse towards me. Yet, she went to the courthouse and told a complete lie, and was granted a temporary restraining order. She has no evidence of her claim and I want to know do I have a solid chance at getting the TRO dismissed?
Sounds like you have some good arguments. I suggest u hire an attorney and defeat case. Once done, let the prosecutor in the criminal case know about her lies and harassment.
I don't have a crystal ball, so I can't tell you what will happen. For DV, there must be physical injury and the likelihood to reoccur. You must look at her documents and only address the actual event that she is telling the judge about. Your job is not to prove that SHE has been the aggressor, but that you were NOT the aggressor in the incident before the court.
These are tricky cases. I see many self-represented people mess the hearing up. This has huge problems for you because it can affect your custody rights, your right to own firearms, and can spill over into criminal court.
Most judges grant TROs based upon sworn declarations, it is standard. She DOES have evidence...her sworn declaration. I am concerned when I see self-represented people make sweeping claims like this because it shows that you don't understand the law and how the legal system works. You have a lot to lose if she wins...and the judges are very specific on what evidence and be shown in court.
You NEED an experienced family law attorney. Check your local bar association for a referral.
Winning a TRO hearing can be difficult because the burden of proof required to grant the RO is very low. However, it sounds like you have a lot of evidence in your favor. I recommend hiring an attorney to defend you at the hearing. If you don't do that you definitely need to go present your evidence to the court on the hearing date.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
It sounds like your girlfriend has gotten an ex parte TPO against you. Those are easy to obtain becuase they are based off the accusations of one person who does not have to face cross examination. However there will be a second hearing at which you'll be allowed to state your case and she'll have the burden of proof to show why should get a 1 year or 3 year TPO. Please do yourself a favor and hire an attorney. This attorney could either defeat her claims or get your daughter excluded from the TPo so that you can have visitation, assuming that you've legitimated the child. If you haven't then you'll need an attorney for a legitimation/custody action.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline