Monday, February 8, 2010

How can I get a court ordered injunction dismissed with proof that the reason it was filed was false?

My ex used false information about me to get a demostic violance injunction barring me from contact with my children unless at a visitation center. Since then, when no one else is around he has allowed me to take the children 4 times unsupervised, we have taken a mini vacation together as a family, and I have even picked the children, including his (not MY) infant son up from school and day care because he had to work late. How can I get the judge to listen. I have pictures, video and other proof of my time with children and her. I can not afford a lawyer and need some help. PLEASE!!!How can I get a court ordered injunction dismissed with proof that the reason it was filed was false?
Tough one, but my advice is to go to a Law College of free paralegal office to ask more specific questions and give them all of the details. They have access to resources that the rest of us will never understand.How can I get a court ordered injunction dismissed with proof that the reason it was filed was false?
If you cannot afford an attorney, then you only have one option. Get online and start studying the law books. There is paperwork that you can file to get a new hearing, and there are ways for you to present your information. One place to start is the website for your state government.





That said, it is highly unlikely that an injunction went through if you didn't commit an act of domestic violence. An injunction as you are describing requires some kind of proof. Think about it hard. If you have ';proof,'; but you really committed the crime, then don't bother. You're just dragging out the inevitable, and it's going to hurt you more than her. Consider this: if you hit her, even once, you are guilty. It is against the law, and you got what you deserved. I can't figure out how a video or pictures will show that you didn't do any of this, even if you didn't. It is not about what nice things you did together. It is about what you allegedly did when the camera wasn't rolling.





If you are totally serious and in the clear, however, then I highly recommend hitting the books. The court system has rules and regulations, and understanding those rules is the key to getting your case heard. Gather up whatever information you can that supports your claim. Find out what forms you need to submit, then print them up and fill them out. Educate yourself on domestic violence and what it is, so you'll understand the psychology and law that got you where you are (statistically, more men batter their wifes than the other way around by a LARGE margin). Then consider what may have happened to shed bad light on you in your situation. Either that, or start saving up for that attorney! Those are your only options.
Go to the clerk of the court, and ask them.
go where it was filed
You haven't given us all the facts. What proof do you have that the reason for filing the injunction was false? Nothing you have told us explains that. If your ex has given you unsupervised access to the children, that's great, but I don't know if that's enough to prove to a judge that the original injuction was based on false information. I don't know if you can do this without a lawyer. If you can't afford one, contact your local legal aid society. Good luck.

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