My fiance's Guardian had filed a false restraining order against me regarding false charges that were brought to me the sheriff's had come to my house and dropped off a restraining order which wasn't appropriate and now I cannot have access or contact with her I find this to be very unsatisfactory and it breaks my confidence level this woman I want to marry and her guardian is lying and continuously making false stories that my fiance has moved on I do however have legal reasons to cancel out this restraining order
Well, first of all, let's be clear: you may contend that the allegations on which the restraining order is based are "false," but the order itself is very real, until and unless a court orders otherwise. You must obey the restraining order until it is dismissed, or you could be jailed or fined.
You have the right to contest a restraining order that has been entered against you. Depending on the type of restraining order, you may need to file a motion, within 30 days of being served with the order, to ask the court for a hearing; or the hearing may be scheduled automatically. If you fail to show up for the hearing, you will lose. At the hearing, the burden of proof will be on the petitioner (the person seeking the order) to prove that their allegations are true and that they have a reasonable fear of future abuse in the absence of the order. But they only need to prove this by 'a preponderance of the evidence' - a better-than-50%-chance. In practice, you will need to be able to prove your claims. You should consult with an attorney in private for assistance with this.
Please read the following notice: Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
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