Q: How do I vacate a domestic violence restraining order in which I never received a summons and the statement false?
My ex-girlfriend and mother of my 18 month old baby was served by me for child custody, the next day she filed for a domestic violence restraining order on me based on false claims(lies) and also proceeded to lie about summoning me. She received the order from the judge by default because I didn't know of the case or of the hearing? What can I do to vacate this false accusation? What should I do?
A:
much more info needed.
hire a good lawyer, familiar with criminal and family law restraining order issues that practices in the court in which the order was issued.
A: You need to get yourself into court to explain to the judge what happened and to explain that you were never served and/or given notice depending on the stage of the proceeding. If this is in between the temporary and permanent restraining order hearings you will have your day in court, if both dates have already passed your best bet is to file a motion to vacate the domestic violence restraining order and to lay our both the procedural and the factual issues with the filing so that the judge can hear the issues on the merits. This type of filing is a complicated one and should be handled by an experienced family law attorney who handles domestic violence restraining orders. If you have further questions please do not hesitate to contact my office.
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