Tampa, FL asked in Family Law and Domestic Violence for Florida

Q: I had a TRO filed against me by a spiteful ex, if I have proof her claims are exaggerated/false will it be dismissed?

This is in the state of FL. Petitioner makes several claims that are false and a few that are exaggerated highly. It is for dating violence when in fact there has been none whatsoever the relationship was toxic certainly but NEITHER party was violent towards the other. I have a hearing soon where I can present my defense I'm just curious if I provide proof that these allegations are false/exaggerated will the case be dismissed? I do not care about being able to talk to her or see her however I do not wish to be labeled violent when I am not and I do not wish to lose certain rights because of a falsely made allegation.

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1 Lawyer Answer
Pamela J. Fero
Pamela J. Fero
  • Fort Lauderdale, FL
  • Licensed in Florida

A: To have the TRO dismissed, you will need to present evidence that the allegations made by your ex are untrue or exaggerated. Evidence could include witness statements, photographs, text messages, or any other documentation that can help to prove your case.

You will need to file a motion to dissolve the TRO with the court and present your evidence at the hearing. The judge will then review the evidence and determine whether or not to dismiss the TRO.

It is important to note that if the judge does not dismiss the TRO, it will remain in effect until the expiration date specified in the order. Additionally, if your ex has filed a Petition for Injunction for Protection Against Domestic Violence, you will need to respond to that petition and appear in court to defend yourself.

Seek help from an experienced family law attorney to assist you with this process.

Rand Scott Lieber agrees with this answer

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