Q: Is it difficult to have a domestic violence restraining order overturned?
My son was issued an injunction 2/22/21 by his ex (off and on} which he countered. She claimed he was "stalking" her. The hearing was this morning - he says the Judge issued orders on both of them. My son did not have attorney representation, which I believe had he, the outcome would have been different for him. The ex filed an injunction about 6/7 months ago but called him to say she canceled/dropped it. It was a fabricated claim as was this one. How can she say he has been stalking her when he has been staying at her place at least twice a week for the last few months up until 2/13/21? They've been in a relationship since Jan. 2019 with a history of her abusing him since early 2020. Can this be overturned, appealed?
A: It is difficult for you or I to answer without firsthand knowledge. I can tell you that injunctions can be set aside or terminated. You do not say if the injunction issued was temporary or permanent. All injunctions reference an end date. I can also tell you that a court rarely issues injunctions against both parties. Your son should speak to a local attorney and share what actually happened in court.
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