My girlfriend is being restricted by a restraining order that was initiated by her ex and in his sworn statement he point blank told a couple a lies that he knew good and well they were untrue facts. Will the case even be able to get started on the court day if we go in there and first make it be known that he lied to even get the order issued
2007-02-13 17:19:35 · 9 answers · asked by drbrian247 2 in Politics & Government ➔ Law & Ethics
Ok here is some more facts as the first answers obviously were not given enuf information. She has the write to decide where the kids live as long as she stay with in a certian few bordering counties and gives 30 days notice of the move. He does not want her to move as the share one week with him and the next with her and if the kids move (now that she and I have a baby together) then when its his week and she is the primary decider of residence, he cant drive them to school an hour each day so he went to the judge and said that we claimed we were moving on the following saturday with just a few days notice. That is only one of the lies. If you need to know the other one just ask me and I will fill you in but isnt one lie enough to throw the case out right from the beginning when it startes up this friday?
2007-02-13 17:42:58 · update #1
burden of proof is on you to show malice and all out lying...
having witnesses to counter these accusations would be the best thing and the advice of a good lawyer...
you can also reply to the court issuing the order as it is ajudicated and you can officially refute every element of the charges justifying a restraining order...should that prove malice, intent to defraud or slander a person...this is more of a civil action than a criminal one, except for the case of perjury to the court awarding the order...there is the only battlefield you should look into...also, from this day on, she should journal every encounter she has with this person regarding the content of the conversation day and date it was done...
2007-02-13 17:25:10 · answer #1 · answered by groundpole 2 · 0⤊ 0⤋
amazing question. i think of you may computer screen all the court docket situations. those you think of are mendacity, you may take the decide aside and beat him into submission, diplomatically. tell him she's mendacity!! with a bit of luck, he will agree and spot the blunders of his strategies. except you're in touch and witness the female chatting with the decide and begging for an order, you quite won't be in a position to ascertain till you have each and all of the info. carry out a little lie? Yeah, probable. they'd desire to be charged with submitting a pretend checklist and perjury. some human beings are basically so sturdy at mendacity that they are very convincing. besides, the regularly occurring public of lady getting an order have been probable crushed via adult men. kinfolk violence was shoved under the rug. via a lot of regularly occurring killings, that's now taken very heavily.
2016-10-02 02:53:41 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Until the temporary order is lifted, you can't do much. You have to prove that her ex made false accusations.
Violating a protection order is a big "no-no", even if it was granted based on false information. It is still legally binding until the judge says it is not in effect.
2007-02-13 17:28:56 · answer #3 · answered by Kevin k 7 · 0⤊ 0⤋
Unfortunately there is not much you can do but to show up for court. Judges, for the most part, are not stupid and they can pretty much tell who's lying and who isn't. You'll be alright as long as your girlfriend is not the one lying. Another unfortunate thing is that you, being her new boyfriend, are gullable to her lies, if she is lying, so we'll just have to see how this turns out before we know who is really telling the truth.
2007-02-13 17:23:50 · answer #4 · answered by sirdoctorfine 2 · 0⤊ 0⤋
He ex what? ex boyfriend or ex husband? Why in the world would you want it lifted? You want her going around a liar? For all you know what he said may be the fact and she is fibbing. Is there a reason for her to go around him? Probably not. Why do you men get involved with woman with such bagage? Do you think it makes you a hero?
2007-02-13 17:30:35 · answer #5 · answered by lily 6 · 1⤊ 0⤋
The experience of the TRO/RO judges, will sift and dissect the truth out from both sides. Believe me they will smell BS from 20 feet away, in the courtroom.
2007-02-13 17:27:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Wait until court. The judge may drop it if there is proof on your side. But, why is she worried about it if it's her ex-boyfriend? Why does she need to go near him? Are there children involved?
Wait until court and stand your ground.
2007-02-13 17:26:12 · answer #7 · answered by sweetnsmart 2 · 0⤊ 0⤋
Doubtful.
When there's a restraining order, the best thing to do is respect it. Why would she want to go around the loser anyways?
2007-02-13 17:23:12 · answer #8 · answered by j3nny3lf 5 · 0⤊ 0⤋
She can obtain one herself against him and also sue him for defamation.
2007-02-13 17:23:08 · answer #9 · answered by Anonymous · 0⤊ 0⤋