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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101438
Experience:  Lawyer
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Can you tell me something about anti-restraining order if the

Customer Question

Can you tell me something about anti-restraining order if the order is false statement?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Are you asking about how to get a restraining order removed?What is your province and what are the basic facts?
Customer: replied 2 years ago.
Yes, it's like something in odious nature, e.g the accused could be staged through interception to serve the purpose of
1) Revenge
2) To gain upper hand in a legal battle
3) To bargain
Customer: replied 2 years ago.
The accuser started the argument first and secretly tape recorded the communication, and then tell the person be careful you were taped. Or they manipulated the recordings, only record something important to them. When they want to fight back in the communication, they stopped recording. They are also editing the recordings.
Customer: replied 2 years ago.
They are taking advantage of or abusing the restraining orders.
Customer: replied 2 years ago.
They can, the reason is that the accused has never recorded the accuser which become the victim of the malpractice.
Expert:  Debra replied 2 years ago.
Are there criminal charged and is that why there is a retraining order?And why does the order matter?
Customer: replied 2 years ago.
No, but there's a threat on the corner. I understand the matter is serious and the court will have a hearing to give the accused an opportunity to defend themselves when the charge is filed. The detailed info is that, a family of common law is under the verge of breakout. In order to get upper hand in fighting for the child custody, the father has been recording any possible fight between the couple to prove the mother is unfit without her awareness or permission. His given reason was, I was recording something else and forgot to turn off the recording, the fight was recored by accident. The mother asked him to delete the recordings, but he refused it, so they got into the fight. He threatened to file a restraining order against her.
Expert:  Debra replied 2 years ago.
He has no basis for applying for a restraining order unless the mother assaulted him or unless the mother is harassing him. But to be prudent the best approach for the mother to take is to consult with a family lawyer face to face about all the issue relating to the marital break up including the threat the father is making and the conduct the father is carrying out.