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Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.
I'm sorry to hear about your situation.
Yes, the mother will certainly have to prove the accusations before a Judge will grant a protective order. I'll give you a couple suggestions about the hearing in a moment.
Basically, the mother will have to prove that she feels threatened by your son in order to receive the order. Her evidence will likely be testimony evidence straight from her mouth. Since the accusations are baseless, she won't have any other hard evidence, assuming there isn't any police reports, etc.
Your son, on the other hand, can do a couple things to prove his innocence. Presenting the divorce complaint to the court that was just recently filed will help show that this protective order is based on vengeance, not fear. If your son is clean and is not a drug user, a negative drug test screen may also be advisable. Finally, any testimony from friends or family that backs his story will certainly be helpful.
Hopefully, that will be enough to prove a protective order should not be issued.
I wish you the best of luck! Don't forget to press ACCEPT if my Answer was helpful. If you need me to clarify my Answer or ask a follow up question, just ask! My goal is to provide an outstanding Answer, so give me a chance.Regards,Michael
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How long can she keep his daughter from him? She removed her from her home State and is keeping her from our entire family. How does one defend against hear say? That's almost impossible and isn't it against the law to file such crazy charges with zero proof only after she finds out he had filed for full custody.
If there is a protective order, he won't be able to go around her or the daughter until it is over (usually 1 year).
The only way to defend against her testimony is to put on specific evidence and testimony of his own. It doesn't appear she has done anything illegal yet, but lying under oath is perjury and punishable by time in prison.
I'm sorry he is in this situation, but he's just going to have to go before the Judge, tell the truth, and put on his evidence that shows she is just being vindictive.
I have to step away from my computer, but will answer any follow up questions when I return. An ACCEPT for my time is much appreciated!
A year!! With no proof, which I know there is none. The only time the police were called he called them. She can't have any proof as it never happened so if that's all you have to do is say it to keep him away from his child for a year. Boy do women have a huge advantage and weapon. I always thought you were Innocent until they proved you guilty.
In filing these trumped up charges did she avoid having to remain in the State of V.A. so he can continue contact with his daughter? In doing this does she increase her chances of being allowed to move to a different state for residence? I'm trying to figure a pay off for such outlandish behavior.
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I can't tell you the consequences of this protective order because it hasn't been issued yet. I think you should take this one step at a time. The order may not be granted if she can not prove there is any cause for her to fear for her safety. A Judge won't issue the order without that proof.
She already has a fifteen day order until the hearing on the petition in front of the court. So I assume this is a just temporary order.
Yes, a temporary order is always granted for the claimaint's safety
The hearing is to determine whether the order should become permanent.
I believe I have answered your questions thoroughly and hope I was helpful.
How often are these orders denied, percentage? Are we fighting a losing battle as they would want to error on the safe side?
No, it's not a losing battle. As I said, the Judge will ONLY grant the order if there is evidence to support it. No evidence = no order. As far as the percentage goes, that is a statistic that does not exist for me to relay to you. Every proceeding in every county is separate, and each is based on the individual circumstances of the case. Without knowing the mother's evidence, there is no way for me to tell you if she will be successful or not.
I wish you the best of luck.
I wish you the best of luck! Don't forget to press ACCEPT if my Answer was helpful. If you need me to clarify my Answer or ask a follow up question, just ask! My goal is to provide an outstanding Answer, so give me a chance.Regards,Michael?
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