restraining order help PLEASE

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JillD6

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We filed a restraining order against my boyfriends brother-in-law (his sister's husband) a few weeks ago on behalf of my daughter (she's 20 months) (we got it extended for 3 years). Trust me, it was warrented, we had the proof of text messages, phone records and police reports. He didn't deny it, just gave reasons why he was doing it, because he had no proof against it.
Now, his wife (my boyfriend's sister) filed for an order against my boyfriend, his brother and his brother's wife stating that she is in fear of her life because we sat in front of her kid's school on friday, which we didn't (it gets out about 3:15..I know because we have another school across the street from our house).
Both my boyfriend's brother and his wife were working at that time. So there goes that....but my boyfriend and I were at home (we had vacation last week), and we were cleaning out the car and our neighbor downstairs saw us several times. Also, I got two phone calls at that time and I answered them and talked to the people for a while.
I know it was that time because the kids across from us were getting out of school. She also stated in the restraining order that my boyfriend used to molest her when they were little, which is TOTALLY false..and everyone in the family can attest to that.
My question is, do we, my boyfriend and I, have enough proof that we weren't there? She is obviously doing this to retaliate...But will the judge think that?
I tried to get the incoming phone records, but they said we have to have a court order to get them, and I don't want to have to have my neighbor come to court with us.
but i think that just the fact that she said all four of us were there, and two were very clearly not (well none of us were, but two were at work!), it just makes her look less credible....and she can't have any proof of anything, because we don't know her number, so we can't call her, and we can get outgoing records to prove that...and also we don't even know where she lives...
Also, what if it's like, 10pm and my boyfriend is at home iwth the baby watching TV, and I'm at work, and his sister said that he just came by her house or called her. Will they come to our house and arrest him because of the TRO, even if there is no proof he was there?
Or what if she goes into his place of employment, does he have to leave?
What if she follows us around, and then calls the police and says that we're near her? Will he get into trouble?
I know she WILL do all of these things, becuase her goal is to get him arrested.
Also, does his affect his job in any way, as far as being promoted, or being able to chaparone a field trip for my daughter...or being a scout leader? Will this be on his record, and make him have trouble living a normal life because of it?

I'm so scared..I keep getting anxiety attacks....any advice would be great...
 
My question is, do we, my boyfriend and I, have enough proof that we weren't there? She is obviously doing this to retaliate...But will the judge think that?
No one can predict what an unknown court will decide based upon unknown evidence.

Also, what if it's like, 10pm and my boyfriend is at home iwth the baby watching TV, and I'm at work, and his sister said that he just came by her house or called her. Will they come to our house and arrest him because of the TRO, even if there is no proof he was there?
An arrest must be based upon probable cause. If you are in California, the law says that if there is probable cause to believe a domestic violence order was violated, then an arrest "shall" be made. Her word alone is not likely to be sufficient to show that ... but, you never know. It depends on all the circumstances.

Or what if she goes into his place of employment, does he have to leave?
He should retreat to a back part of the building until she departs if at all possible, and he should not communicate to her in any way.

Depending on where he works, this may not be a problem.

What if she follows us around, and then calls the police and says that we're near her? Will he get into trouble?
Maybe. But, if she's following you around, I'd call the police and report her for possible stalking (or whatever laws your state might have in the situation).

Also, does his affect his job in any way, as far as being promoted, or being able to chaparone a field trip for my daughter...or being a scout leader?
Maybe. Maybe not. Obviously he will not be able to chaperone any trips the ex is on.

Will this be on his record, and make him have trouble living a normal life because of it?
It depends. The TRO can prevent ownership of firearms and might cause some problems, but exactly what problems it might cause are hard to predict. He may notice no additional problems as a result.


- Carl
 
thanks for the advice.
He got a lawyer, along with the other two individuals involved, and two of the cases were thrown out so far. they just didn't have time to hear his, so it was postponed for another few weeks. but her police reports and her TRO statement contradicted themselves, and she lied on the stand by saying one thing, when her police report said something else. also, she lied to the judge stating that the children involved are her legal children, when in fact, she has no legal rights to them at all. the judge was not happy with her.
she hasn't tried anything fishey either, so hopefully this will all be over soon.
thanks again.
 
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