Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My wife filed and was awarded a full order of protection

Customer Question
Hello, My wife filed and was...
Hello,
My wife filed and was awarded a full order of protection with allegations that were false without evidence or documentation. How can I appeal the order?
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 8 minutes by:
10/7/2016
Family Lawyer: Christopher B, Esq., Lawyer replied 1 year ago
Christopher B, Esq.
Category: Family Law
Satisfied Customers: 3,010
Experience: associate attorney
Verified

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com. Was this a temporary order or a permanent order?

Ask Your Own Family Law Question
Family Lawyer: Christopher B, Esq., Lawyer replied 1 year ago

I am assuming you are using a full order of protection as a permanent order and you have had a final hearing. You normally cannot appeal an order on the facts as there must be some procedural issue that the court got wrong or applied wrong to win an appeal. Simply saying the allegations are false will not work. Showing there was improper documentation and the court decided wrong is possible but VERY difficult. The restraining order process is designed to allow an order to be issued very easily, and to be appealed, stopped, or vacated only with the utmost difficulty. See below for modification and appeal statute: see link: http://www.moga.mo.gov/mostatutes/stathtml/45500000601.html

455.060. 1. After notice and hearing, the court may modify an order of protection at any time, upon subsequent motion filed by the guardian ad litem, the court-appointed special advocate or by either party together with an affidavit showing a change in circumstances sufficient to warrant the modification. All full orders of protection shall be final orders and appealable and shall be for a fixed period of time as provided in section 455.040.

See link for MO appealed case decision that might help you: http://www.courts.mo.gov/file.jsp?id=54941

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated. See link for how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Ask Your Own Family Law Question
Family Lawyer: Christopher B, Esq., Lawyer replied 1 year ago

Just checking back in, do you have any further question?

Ask Your Own Family Law Question
Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3,010
3,010 Satisfied Customers
Experience: associate attorney

Christopher B, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My partner put a temporary restraining order on my soon to
My partner put a temporary restraining order on my soon to be ex husband , I got subpeona to appear at their hearing, I don't have a lawyer I had an adulterous affair. What is my rights? Can I plead t… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
In 2013 my ex-wife refused to obey a restraining order and
In 2013 my ex-wife refused to obey a restraining order and was in violation. The Guardian Ad Litem and the Visitation center both wrote letters indicating that my ex-wife was not in compliance of the … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I have a restraining order against my ex husband. These
I have a restraining order against my ex husband. These orders come with monitored visitation. 2 hours on Wednesdays and 4 hours on Saturdays and he is allow a minimum of 2 FaceTime calls per week. He… read more
Sue
Sue
Juris Doctorate
241 satisfied customers
CIVIL RESTRAINT AGRERMENT VS RESTRAINING ORDER What are the
CIVIL RESTRAINT AGRERMENT VS RESTRAINING ORDER What are the pros and cons of a civil restraint agreement versus a restraining order in New Jersey. Specifically, how they relate to background checks, t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am the responded of a restraining order, the petitioner
I am the responded of a restraining order, the petitioner frequently violates the order by calling, texting, and showing up at my house. I have legal full custody of our mutual children and I want to … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I had a temporary order of protection against my husband in
I had a temporary order of protection against my husband in 2015 for pushing me and causing me to flip over the dining room chair and hitting my head. After a while I decided to drop it and we moved t… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,959 satisfied customers
I received temporary orders for child custody here in
good morning. i received temporary orders for child custody here in nebraska. i have the order for you to look at. it says temporary removal of minor child to tennessee is denied. it goes on to say my… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I was served with an order of protection from an ex
I was served with an order of protection from an ex boyfriend. I live in Nevada he lives in Arizona. He was angry I told him I wouldn't testify nor give him an affidavit regarding the mother of his ch… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers
My boyfriends x got a restraining order on him with the
My boyfriends x got a restraining order on him with the bases she was pregant. She lied on the info we gave the judge. We got the restraing dropped because she sent fake ultra sound. My boyfriend and … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
My ex and son lied to get restraining order on my bf last
My ex and son lied to get restraining order on my bf last year to break us up. Ex found out we are still talking so he renewed it two weeks ago. Need help fighting this. Bf can't fly bc of health. I'm… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am trying to file a restraining order against my ex
I am trying to file a restraining order against my ex husband who is using very psychologically abusive tactics against me. He has caused me great emotional distress and trauma. I would like to file a… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
Is it possible to file a restraining order against my
Is it possible to file a restraining order against my ex-boyfriend even though we have a child together? … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
What are the chances of getting an order of protection when
What are the chances of getting an order of protection when most evidence was verbal? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,537 satisfied customers
Is it a waste of time appealing a restraining order Renewal
Is it a waste of time appealing a restraining order Renewal in California, Contra Costa county?I am going through a divorce, my X came to my house 7 times and I had to call the cops on her 7 times and… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,537 satisfied customers
I am trying to file a Restraining Order not Protective Order
I am trying to file a Restraining Order not Protective Order for a former domestic partner What do I need to do? … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
Just wondering on who can report a restraining order
Just wondering on who can report a restraining order violation. My sister has one on her ex-boyfriend due to physical abuse. Currently she is allowing him to violate the restraining order and has lost… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Is the restraining order still in effect IF the one who took
is the restraining order still in effect IF the one who took it out is the one who breaks it? this is n.y.st. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,312 satisfied customers
I want to get a restraining order or order of protection
I want to get a restraining order or order of protection against an addict neice who because her brother is 1/3 owner, my brother and I own the other 2/3, we both told her she could not live in our ho… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x