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Roger, Attorney
Category: Legal
Satisfied Customers: 31789
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was served a "Restraining Order" on 1-6-2016. It was

Customer Question

I was served a "Restraining Order" on 1-6-2016. It was written in FIRST PERSON supposedly by my step-mom. Problem is my step-mom is illiterate and does not read or write her native language as well as does not read or write the English language. My father just died December 29th, and it is obvious to me who helped her fill out the papers. A neighbor that has been asking for private papers, my father's social security card, DD-214? etc. I am not comfortable in giving this woman anything,I do not know her. My step-mom is angry at me right now and I believe it was with malicious intent to keep me from painfully being excluded from my father's funeral 1-8-2016. It worked. I have an appt. with my attorney on the 18th but want to know if it can be thrown out of court on the grounds my step mom could not of possibly written/ or be able to read the alleged accusations. The dates and times of all three accusations are incorrect and witnesses can be produced to prove I was not at the location. The accusations are also false in nature, and though I understand I must prove this I feel I will be able too. My question in essence is can it be thrown out simply due to the fact my step mom could not of possibly written it.. and it is marked with an X that she retrieved the necessary form and filled out herself.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

The restraining order likely won't be thrown out simply because your step-mom didn't write out the long as the allegations accurately represent her allegations.....which may be the case if she placed the "X" as her signature.

Expert:  Roger replied 1 year ago.

The more effective way to throw this restraining order out would be to attack the allegations and disprove what is said/what you're accused of.

Customer: replied 1 year ago.
no I mean she marked the box "I selected this document for myself and I completed without paid assistance" She signed her name which also is not her signature as i have knonwn her for 35 years and have numerous documents with her signature.
Expert:  Roger replied 1 year ago.

If you believe that she didn't sign the document and has no knowledge of the document being executed, etc., then you could move to dismiss the restraining order as being obtained by fraud...and you could possibly charge the person who did file the document with malicious prosecution and/or abuse of process if there's proof that this was done without your mother's involvement.

Expert:  Roger replied 1 year ago.

You could also allege that the document was forged......which could also help invalidate the document.

Expert:  Roger replied 1 year ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!