Order of Relief - Restraining order

[Jewelschmidt]

I am looking for advice on filing a Motion for an Order of Relief from a restraining order that was created fraudulently.
Wife stated to the courts that she had been threatened by the husband, husband allegedly stated that he was going to have the wife killed for a certain amount of money.
There is no record of domestic violence for either one, and the court gave the restraining order on her word only. She was advised by her attorney to place the restraining order on the husband so that the courts would automatically award her custody of their 3 year old son. She did get this. Also they were in the middle of the divorce proceedings. Husband had a very incompetent lawyer at the time and he failed to mention to the husband that he had to appear in court to fight the temporary orders. So they became permanent. Everything I have found states that the restraining order cannot be dropped by the courts before 4 years, but can a Motion for an Order of Relief be put into place on the grounds that she falsified information and there is no evidence supporting such restraining order? Basically the order is her word against his.
This is hindering his chances of getting joint custody with her. She believes that he shouldn't see his son at all and should pay both child support and alimony.
Please don't direct me to a lawyer, if I could do that I wouldn't be asking here.
And thank you for all your advice.

 

[seniorjudge]

Q: Everything I have found states that the restraining order cannot be dropped by the courts before 4 years, but can a Motion for an Order of Relief be put into place on the grounds that she falsified information and there is no evidence supporting such restraining order?

A: So the wife will go back into court and swear under oath that she lied in the lawsuit? That should go over real good.

 

[Jewelschmidt]

Wow, thanks for the sarcasm. I'm glad I came to a place that is supposed to be helpful and got a smartass remark. Remind me to send everyone I know here.
Point is, there was nothing documented by the police department or anyone showing that he was dangerous. She lied. Whether she will admit to it or not is irrevelant. It's just proving that he is innocent. Also there is proof that she has asked him to her home, or to meet her in other places that aren't so private.
And why not answer the question? Can a motion for an order of relief eliminate a restraining order.
Every thread I've read, you have a rude comment to make. Why do you bother even responding?

 

[ka7niq]

I am looking for advice on filing a Motion for an Order of Relief from a restraining order that was created fraudulently.
Wife stated to the courts that she had been threatened by the husband, husband allegedly stated that he was going to have the wife killed for a certain amount of money.
There is no record of domestic violence for either one, and the court gave the restraining order on her word only. She was advised by her attorney to place the restraining order on the husband so that the courts would automatically award her custody of their 3 year old son. She did get this. Also they were in the middle of the divorce proceedings. Husband had a very incompetent lawyer at the time and he failed to mention to the husband that he had to appear in court to fight the temporary orders. So they became permanent. Everything I have found states that the restraining order cannot be dropped by the courts before 4 years, but can a Motion for an Order of Relief be put into place on the grounds that she falsified information and there is no evidence supporting such restraining order? Basically the order is her word against his.
This is hindering his chances of getting joint custody with her. She believes that he shouldn't see his son at all and should pay both child support and alimony.
Please don't direct me to a lawyer, if I could do that I wouldn't be asking here.
And thank you for all your advice.

Here in hillsborough county florida, violating a restraining order got me in a lot of trouble.
It mattered not that my ex girlfriend was living/working for me during the restraining order, or that we were carrying on a relationship in hillsborough county florida .

As is normal in any relationship, there is going to be phone calls/messages made to each other.

Basically, my ex girlfriend led me on, and waited until she had enough phone calls/evidence to get me for "stalking" charges.

In hillsborough county florida violating a restraining order the third time makes you eligible for an upgrade to Felony Aggravated Stalking Charges!

I thought we were having a relationship, with a hillsborough county florida restraining order in place.

She was merely playing the game, to use me financially, until she set me up for the final kill.

I am not a Lawyer, and only familiar with hillsborough county florida restraining order violations.

Here in hillsborough county florida, your remedy to challenge the permanent restraining order would be to file a motion to dissolve the order with the judge who originally issued it.

That is, assuming the judge will hear your motion.
Many times, they will deny the petition for a motion for dismissal.

The hillsborough county florida violating a restraining order laws are very unfair.
I am sure your laws are just as bad.

I wish you luck, and hope you win !

 

[jharris352]

You know you come off as a bit of a jerk so I wonder how wrong your wife is, and I'm not just talking about your comment about Senior Judge and the rest of us I'm talking about just your first post.

I have serious misgivings about your story. First it's totally in 3rd person which I find strange but that obviously proves nothing. Secondly, when a temporary restraining order is filed it must be served in person. One or Two burly cops show up and READ it to you. I've always found that to be silly but its true. They would have told you that you MUST show up to the hearing. You obviously blew it off. When you do that the Judge assumes she is right. I don't know why you blew it off but you did. Please save me the "incompetent" lawyer story too. You were PERSONALLY served the papers and the Cops read them to you.

You can try a Motion to Vacate, but I doubt seriously that you will be heard. If you can prove you were not properly served, there is a possibility. But when you blew off the hearing you became stuck with the results.

It seems your wife is a bitch, your lawyer is incompetent, and we are all dolts. You are a victim. Your problem is facing you every morning in the mirror.