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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111450
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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If I am the defendant and a restraining order was put in effect

Customer Question

If I am the defendant and a restraining order was put in effect on me using the abuse charge on the above and the divorce citation "I AM INNOCENT OF THOSE CHARGES "." WHAT ARE MY OPTIONS IN TERMS OF DEFENDING AGAINST SUCH CHARGES" ?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
What was the abuse charge you were charged with? What was the outcome of the abuse charge?
Customer: replied 6 years ago.
My attorney fileda consent judgement where as none of the parties needed to be present and part of that judgement was that I did not admit to prior abuse and further this temporary injunction does not require filing in the Louisiana Protective Order Registry.Since I was still very much in love with her and in extreme emotional pain and suffering, I did not want my name in this Regristry lableing me an abuser when in fact I was not. She did this for the money and now that we are divorced as 180 days were met . She did not file right away for her divorce so I did and we are divorced as of Sept 16th 2010. However the property settlement and my assets are still frozen because she claims that my settlement is part of the community property. My atty says that he can prove that the settlement money was not comingled long enough for it not to be seperated from community monioes in community accounts.
Expert:  Law Educator, Esq. replied 6 years ago.
Your options here is your attorney is going to need to first move on the community property settlement and get the proof that the settlement money was separate property (only the portion attributed to lost wages may arguably be community property, but that is an issue of fact for the court). As far as removing the abuse allegation, this is where the attorney has to request a hearing to have it stricken and will need to put forth witnesses to refute her allegations. These allegations get made so many times in these cases and when the court has nothing but your statement and her statement they require some additional evidence in the form of witnesses to tip the scale in your favor and when they cannot they tend to err on the side of caution in issuing some type of order just to cover themselves. The LA courts are pretty up to speed on these types of allegations and how they are used many times to seek favorable decisions on other parts of the case, so if you can put up just some witness or additional evidence to dispute her claims then you have a better than average chance as long a there have not been any domestic violence arrests, which is what I thought you were referring to when you said "charges" against you.


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