Q: Plaintiff has temp Domestic restraining order. They harass and contact me. Can I get order vacated?
I have been harassed, threatened, stalked.. I am working with IRS FTB, Federal Trade Commission, Office Attorney General, SS admin, local police.. for over $10,000 Of SS fraud using my social and ID. I tried to get DVRO against a person, judge denied as stated it was civil. This person retaliates back, lies says I stole, damaged there property and got a temp DVRO fraudently against me. I have evidence I did none of what they say. They have nothing but a statement.Court date 3 weeks for hearing. Since the temp order the plantiff has continued to harass, stalk... me and my family. I have made police reports. They assume they can do this since my order was denied. Is this a strong case to vacate their order? I just want to be left alone and my family safe. Now i am looking like the bad person out of retaliation and fraud. Please help. I sent them a ceist and desist over slander, deframation and libel letter. They have a lot of money and I do not. Attorneys want thousands to help.
A:
need a lot more facts.
it sounds like you are not in a position to retain a private lawyer to be your knight in shining armor.
is this in criminal court or domestic?
what is case number?
A:
Agreed that there isn't enough to tell if you have a case. But the type of attorney you should consult with is a family law attorney -- it is in family law court that DVRO cases are heard. At the hearing, the petitioner will have to prove by a preponderance of evidence that the act(s) of abuse occurred and that there is reason to believe that the restrained party will continue to engage in abusive behavior without the DVRO in place. This is harder than what happens at the TRO stage because all the petitioner needs to prove is that an act occurred. At the hearing, you'll be able to rebut that anything happened, and show why a restraining order is not necessary.
As to the sufficiency of evidence, you'd need to bring your evidence and consult with an attorney to get an idea of what your chances are of getting this dismissed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
