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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37818
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have a restraining order hearing tomorrow against my ex fiancé.

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I have a restraining order hearing tomorrow against my ex fiancé. She has brought up some non truths about me. (NORMAL) She stated I had two restraining orders filed against me. True on in 1992 and 2010 I believe. Both were thrown out and expunged from my record. She stole the documents from my personal files.

I have never been convicted DV she is the violent one. Since they were expunged and there is no court record of them. Can she use this? How to I counter this? She stated my wife ex wife filed a DV on me 201 wife. My wife never did and it was done when her sister called the police. My ex wife is a raging alcoholic with a record. It was dropped and removed and expunged.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If there were never any convictions, and the charges were dropped and you had the charges expunged, then the judge may not consider those charges in the present case.

Simply take copies of the expungements with you to court to show the judge, or provide the judge with the case file numbers and counties where the expungement took place and ask the court to take judicial notice of the expungement---though it would be better if you took the actual documents---the orders of expungement, to court.

That is all that you need to do to counter her claims of prior charges.

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I wish you the best in your future.

LawTalk and 2 other Family Law Specialists are ready to help you
Thank you for your positive rating of my service, Steve. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

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Customer: replied 3 years ago.



Thank you although I did not win a permanent restraining order against her your advise shut down her attorney cold.... They were unable to use that defense.







My pleasure Steve! I'm glad that you were able to shut them down.

Have a great week!


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