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My ex has falsely claimed she is scared for her lol fe.

My ex has falsely...

My ex has falsely claimed she is scared for her lol fe

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Life

Lawyer's Assistant: Has anything been filed or reported?

Yes!

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a TRO

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Answered in 1 minute by:
3/3/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,821
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey.

I've reviewed your post. Did she have you arrested and charged with a crime or is this a civil restraining order. In what US state are you? What's your question about this?

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Customer reply replied 5 months ago
It is a protective order.
What can I legally stray to do to stop this?

The TRO you were served with is only a temporary order. You'll have a hearing scheduled at which you can try to get this TRO lifted. The plaintiff will have to present evidence that the allegations she made to get the order are true and that she is in need for the order to be continued.

After that, you'll get the opportunity to present your evidence to show that she made false claims in order to get the TRO and that no order is necessary. Evidence would consist of your testimony, any emails, phone and text records, witnesses, photos, etc that would go to discredit the allegations she made to get the order.

This is a civil proceeding so whoever's evidence is more convincing will wiin the hearing. If that's you, the order will be dropped, which is what you want. If it's the plaintiff, the order will be made permanent.

No lawyer is necessary at proceedings like this but if the other side has a lawyer, you should have one too, to level the playing field. Otherwise, his greater experience with civil procedure regulations can be used to keep some of your evidence out.

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Customer reply replied 5 months ago
This is already a protective order for 3 years

Thank you for the reply. Then, unfortunately, the only thing you can do would be to petition the judge to lift the order. You'd get a hearing at which the complainant would attend and you'd have to try to show why the order should be lifted.

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Customer reply replied 5 months ago
I also have 3 felony charges against me from her connected to the TRO all false

What is the status of the felony charges? Have the cases been dismissed?

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Customer reply replied 5 months ago
I need to go to court April 23
Customer reply replied 5 months ago
I’m in Hawaii.

If you beat the case(s) that would give you ammunition to lift the order. For that matter, you could then also look into suing her for malicious prosecution. Unfortunately, any conviction by either plea or verdict would by definition make a false arrest true. Also, with a criminal conviction since the order was issued, the civil judge would most likely deny your petition.

So you really need to focus on the criminal matter. If that resolves well, you'd be in a much better position to stop her from continuining to make false allegations.

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Customer reply replied 5 months ago
She has already admitted on the stand during pre trial that she lived with me during the TRO for 4 months and I have evidence.
Customer reply replied 5 months ago
She also went into a hearing with me and asked to have the dissolved TRO in court. She never followed thru.

All of those facts make her look bad and clearly not scared for her life. But you violated the order if you had contact with her, even if she encouraged it. I would hope you will have a criminal defense lawyer when you go to your court date in April. You should not try to handle a felony matter on your own. Many facts here are on your side, but the law, strictly speaking, is on hers.

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Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Customer reply replied 5 months ago
No thank you for your help

You're very welcome.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,821
Experience: Active member of the NYS bar since 1989
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