Tom, thank you for the additional information. Based upon the facts which you stated above, you could have a legal basis to ask that the order be dismissed/vacated, as a result of her not being able to prove the necessary elements for the order to be imposed. You said above that the Judge sided with you at first and then changed his mind, after she started crying. While I am sure she was upset, there is still proof that is required. There should have been a finding that three or more acts of willful and malicious conduct were ▪ aimed at a specific person with the intent to cause fear, intimidation, abuse or damage to property, and ▪ does in fact cause fear, intimidation, abuse or damage to property OR An act that ▪ by force, threat or duress causes another to involuntarily engage in sexual relations, or ▪ constitutes a violation of an enumerated sex offense (i.e., indecent assault & battery, rape, statutory rape, assault with intent to rape, enticing a child, criminal stalking, criminal harassment, drugging for sexual intercourse) If none of these were present, her request should have been denied/dismissed. As such, you may want to retain counsel to review the facts, obtain the necessary information and documentation from her attorney and the court and see if there is a legal basis to proceed and bring this matter before the Judge, so relief can be granted.
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