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My son had a hearing to dismiss a restraining order because

Customer Question
the allegations were not true...
My son had a hearing to dismiss a restraining order because the allegations were not true. The hearing lasted all day. One of the allegations was that she was pushed by him and I was a witness who was there and i gave the exact date which was 6 mos. earlier and I had receipts because that was the day I had the bathroom remodeled. i also testified she was not pushed but that she jumped on his back and screamed and he turned around then walked away towards me. The date was not within the 180 days that the restraining order was covering.

Later at the end when her attorneys were summing up they put her back on the stand and she perjured herself and said no it was in May (I had previously testified it was October)...she knew better and she lied, even after being told the truth and given the exact date.

That plus several other things she lied about caused the restraining order to be continued. My son's attorney said it had to be appealed and would cost $6,000 to appeal . He said the judge did not follow the law and it had a 95% chance of being dismissed by another judge.

Besides that, she went over to his house several times and kept e-mailing and calling him. Thats after she had him put in jail for 21 days earlier for talking to her at a grocery store. Of course they are saying he was stalking her. From the time she filed that restraining order, she'd been calling him and bribing him by saying if he doesn't come to the hearing she'll bring the kids over to see him. (He's not allowed to see his kids at all).

My concern is the perjury isssue. I have 3 other witnessess that can be called about that day although they did not see that even they knew about it when it happened in October.

Also isn't there another way to get this thing dismissed...there were no valid charges and she threw in fights they had 4 yrs. ago which are not supposed to be covered under a restraining order.

My son is now unemployed because she had him put in jail when he talked to her at the store and he lost his job....it is possible he'll be jailed again because of the e-mails he's answered and the fact that she came over to his house twice.

What can you do when you don't have $6,000 to appeal this?
Submitted: 7 years ago.Category: Family Law
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10/1/2010
Family Lawyer: Dimitry K., Esq., Attorney replied 7 years ago
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Thank you for your question.

I am sorry that you and your son are in this situation. About the only suggestion is to consider appealing this on your own, or contacting local LegalAid organizations to see if you qualify. That is because this was a legitimate and valid hearing, with a binding decision (regardless of whether or not it was based on good facts, it because binding upon the ruling). Such a decision can ONLY be appealed. You, however, do not have to retain your current attorney who is frankly lying to you--an appeal is about 10 times as hard to win than a regular hearing, and I have never heard of a 95% assurance on an appeal--the real rate is close to 10%.

In terms of bringing others to testify, if they were not there for the May altercation, they cannot testify as what they state will be hearsay--they do not have first-hand knowledge of the facts.

I am sorry.

Edited by Dimitry Alexander Kaplun on 10/1/2010 at 6:38 AM EST
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
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Customer reply replied 7 years ago
Is there a way to have another hearing?
Family Lawyer: Dimitry K., Esq., Attorney replied 7 years ago
Without an appeal first? No. At this point you must first appeal the decision, request a "de novo" review (that is essentially a rehearing anew on all the facts) and try to get a new judge to re-evaluate the claims.

I am sorry.

Edited by Dimitry Alexander Kaplun on 10/1/2010 at 6:45 AM EST
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
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Customer reply replied 7 years ago
Does this mean that he is restrained from seeing his kids forever?
Family Lawyer: Dimitry K., Esq., Attorney replied 7 years ago
Thank you for your patience.

Not at all. He will, however, have a seriously hard time getting access once he files for custody and visitation. He will have to show that he is no longer dangerous or unfit to be around them (I realize that he is not now, but the courts will go by the decision entered against him). To get a higher chance of getting some access, your son should start by seeking supervised visitation first, and then working up to visitation and then partial custody.

I am sorry.

Edited by Dimitry Alexander Kaplun on 10/1/2010 at 6:53 AM EST
Dimitry K., Esq.
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Customer reply replied 7 years ago

He has never hurt his children...he has been the primary caregiver of them since birth. He was taking care of them all the time while he attended school at night.

 

since they said he can have supervised visits, she said no to everybody they brought up to supervise, except her mother, who was the person that took the kids out of the home and ran with them, with her. The kids live with her mother. She said her mother is the only one she'll allow to supervise, not even the previous babysitter.

Family Lawyer: Dimitry K., Esq., Attorney replied 7 years ago
I am sorry to hear that. But as the primary and sole custodial parent she does have the right to pick the supervisory party.

Edited by Dimitry Alexander Kaplun on 10/1/2010 at 7:01 AM EST
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
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