What to do when a Temporary Restraining Order has been wrongfully filed

03/12/2009 - Domestic Violence - State: WA #15571

Full Question:

My wife filed a temp protective order against me. I have no history of harm or abuse to my kids or wife the only two police responses were me calling when my wife was getting in my face. the other time was I went to my house prior to the protective order and she changed the locks and prevented me from seeing the kids. I did not know if she or the kids were ok and safe. now i can not legally see them because she says she thinks i am going to kill them, her and myself. court on the 17. how can she just say i am going to kill and they put an order on me. what is her consequence for lying plus telling the kids I am going to kill them, and moving her new boyfriend into her house before the kids get a chance to adjust to their daddy being gone. Please help. my wife is getting free legal when i am the one that caught her cheating leading to events of my filing divorce and she filed the protective order when the two times I called police due to her behavior.

Answer:

The matter will be a subjective determination for the court, based on all the facts and circumstances involved. "Fear of harm" is an extraordinarily subjective standard and one that may be very difficult to fight. A raised voice or a raised hand or any gesture that is interpreted as threatening may be used to claim that domestic violence has occurred. This situation is more difficult for men, who are often larger than women and perceived as more aggressive or stronger, based on broad societal generalizations that may be reflected in the perceptions of both law enforcement officers and judges.

If an innocent party has been falsely accused of an act or acts of domestic violence, competent legal counsel should be sought immediately. Pro se representation should be avoided if at all possible. In choosing an attorney to defend against a false domestic violence claim, special care must be taken to ensure that the attorney is well-versed and experienced in this area of the law. It is extremely difficult to get rid of a Final Restraining Order once one has been entered without the purported victim's consent.



Please see the information at the following links:

http://definitions.uslegal.com/t/temporary-restraining-order/
http://lawdigest.uslegal.com/divorce/state-faq/7019/
http://lawdigest.uslegal.com/divorce/state-law-summary/5928/
http://definitions.uslegal.com/f/false-report/
http://definitions.uslegal.com/p/perjury/
http://lawdigest.uslegal.com/family-laws/domestic-violence/

03/12/2009 - Category: Domestic Violence - State: WA #15571

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