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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12250
Experience:  JD, MBA
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My brothers wife and mother in law have made terrible

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My brothers wife and mother in law have made terrible statements about my brother in order to get a restraining order against him- does our family have any way to fight this
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Arkansas
JA: Has anything been filed or reported?
Customer: Myers- a temporary order is in place- they accused him of unapproatie behavior with his 13 yr daughter and hitting his son- have gotten children to lie- they wNt explain what unapproatie thing he has suppose to done
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only that these are all lies

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

No, there is nothing that the family can do about the situation. It is up to your brother alone to deal with the situation. Only he has the standing to fight the restraining order. In order to do that, he would need to file a motion in the court to have the restraining order dissolved. He'd need to argue that he has done nothing inappropriate, and he'd need to convince a judge that he is telling the truth and that his wife and kids are lying.

I hate to say this, but it does sound like he'd have a hard time convincing a judge of that. After all, it would be his word against 3 other people. Also, a judge is going to favor keeping the restraining order in place because if the judge is going to make an error, he'd rather make the error on the side of caution with regard to the children so that they are protected. The worst case in that situation is not as bad as the worst case if he were to lift the restraining order and then it turns out the wife and kids were correct and something bad happens. So, while your brother can fight the restraining order, he would have to be quite convincing to have the order dissolved. Not impossible, but difficult.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Customer: replied 7 months ago.
Thank you- the mother did not file the order the grandmother did- if he has been inappropriate with his daughter and they and their lawyer believe should it not have been reported tos DHS and they have not been called

Hi again.

Perhaps it should have been reported to DHS. But the fact that it wasn't doesn't help your brother, or bolster his claims of innocence. And it still could be reported to DHS.

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

Customer: replied 7 months ago.
This site was very helpful. Thank you for the advise

Glad to be of help. If you could rate me with the little stars so that I receive credit for responding, I'd appreciate it. Thank you. :)

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