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Old 05-25-2010, 07:54 AM
 
137 posts, read 98,418 times
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if there is a restraining order that a wife has placed againt husband, can the husband petition the courts to get it dropped?
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Old Today, 06:52 PM
 
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Dubious question.

Criminal Court or Family Court?

Criminal Court: Technically I believe you can petition, though I doubt it would do much good unless A) The charges are dismissed or B) The "victim" requests it be dropped. Option B) does not even guarantee it will be dropped.

Family Court: Is the OOP already final or is it a temporary? You can fight a temporary by fighting the charges. However in Family Court only a "preponderance of evidence" is required, and that is significantly easier to achieve than "proof beyond a reasonable doubt" that is necessary in Criminal Court.

BEST ADVICE: DON'T AGREE TO AN ORDER UNLESS YOU ARE TRULY GUILTY OF THE CHARGES. In the short term it may seem easier, but violations are handed out like candy. So once an order is in place, make sure you video record, audio record and document all contact with the person holding the order against you, unless it is a stay away, in which case, stay away from them all together and document any attempt they make to contact you. Saying they contacted you first, is not an excuse in the eyes of the law.

Please place any future questions on this facebook page, if they pertain to Family Court Law. It is a new page just put up for pro-se litigants.

[url]https://www.facebook.com/Achildsrightindarkestnight?ref=hl&success=1[/url]


(I DO NOT CHECK BACK ON THESE PIECES OF ADVICE, PLEASE GO TO THE FACEBOOK PAGE IF APPLICABLE TO FAMILY COURT PRO-SE (self represented) LITIGATION, or seek an attorney)
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