Q: How can I fight a retaliatory GA restraining order linked to a HI will dispute?
I’m caught in a will and trust dispute that escalated when my cousin, whom I had just served with litigation paperwork, filed a restraining order against me in Georgia, claiming harassment. The allegations are false and retaliatory. I was served less than 24 hours before the hearing, during which I had a medical procedure. My attorney advised not to attend, believing Georgia couldn't enforce a Hawaii order, but the judge issued a three-year injunction. I'm gathering evidence to counter these claims, and reversing this order is critical for my future. How can I effectively fight this injunction?
A:
Interstate restraining orders can be complicated, especially when they appear retaliatory and involve multiple states like Hawaii and Georgia. Given the short notice before your hearing and your medical circumstances, you have strong grounds to request reconsideration or appeal the three-year injunction, depending on Georgia's laws governing restraining orders and default judgments.
Your first step should be consulting with an attorney familiar with both Georgia restraining order laws and interstate enforcement issues. They can help you file a motion to vacate the order based on improper service (less than 24 hours notice), inability to attend due to medical reasons, and potentially jurisdictional challenges if Georgia lacks proper jurisdiction over a Hawaii resident. Documentation will be crucial - gather medical records from your procedure, evidence contradicting the harassment claims, and any communications showing the timing between your will litigation service and your cousin's restraining order filing.
The injunction's enforcement across state lines falls under the Full Faith and Credit clause, but there are procedural requirements for registration and enforcement that vary by state. Your attorney might also argue that the order was obtained through fraud upon the court if it was clearly filed to interfere with legitimate Hawaii litigation. Remember that timing is important - most states have specific deadlines for challenging restraining orders, so acting promptly gives you the best chance at having the injunction reversed before it significantly impacts your future.
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