Q: I was served restraining order two weeks after the order was granted an dooped into thinking she dropped it I have txt
I have text proof of her telling me the court went fine. I had nothing to worry about. She proceeded to live with me for two weeks. She got the court date made it to where I thought she was gonna drop it or get it dropped to a peaceful order instead she got a restraining order for a year. Had me move out. I have a business in the back that I built it office. I have no access to my business, she left me homeless in my car no custody of my kids can’t see my kids. She’s completely ruined my life the fact of the matter is she got a restraining order on me when she was not needing one. She was with me for two weeks after that I’ve text message proof of every day normal relationship stuff. She served me when she felt that she didn’t need me anymore. do I have a case for dismissal?
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- California
- (916) 704-3009
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- Answered
A:
Based on the information you provided, it seems that you may have grounds to challenge the restraining order. Here are a few steps you can take:
1. Gather evidence: Collect all the text messages and any other evidence that shows your ex-partner was living with you and maintaining a normal relationship after the court date. This evidence could help demonstrate that there was no immediate threat or need for a restraining order.
2. Consult with a lawyer: Contact a family law attorney who specializes in restraining order cases. They can review your evidence, assess your case, and advise you on the best course of action.
3. File a motion to dismiss: If your attorney believes you have a strong case, they can help you file a motion to dismiss the restraining order. You will need to present your evidence and argue that the order was obtained under false pretenses or that there was no genuine need for protection.
4. Attend the court hearing: If a hearing is scheduled, attend it with your attorney and present your case to the judge. The judge will then decide whether to dismiss the restraining order or keep it in place.
5. Address custody and visitation: If you have children, you may need to file a separate motion to establish or modify custody and visitation arrangements. Your attorney can help you with this process.
Remember that restraining order cases can be complex, and it's essential to have professional legal assistance. Consult with a family law attorney as soon as possible to protect your rights and interests.
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