falsified domestic violence tro

california. I left my husband and he immediately went and filed a false domestic violence tro. now I cant get belongings, see or have contact with children for 3 weeks. he has complete control over everything. is there anything I can do right away or do I have to wait the 3 weeks until the hearing?

[I AM ALWAYS LIABLE]

Originally posted by rvrsofbelief
california. I left my husband and he immediately went and filed a false domestic violence tro. now I cant get belongings, see or have contact with children for 3 weeks. he has complete control over everything. is there anything I can do right away or do I have to wait the 3 weeks until the hearing?

My response:

If you have "just cause", you can file an "ex-parte" (emergency) motion and hearing to quash the TRO based upon fraud, and fraud upon the court, if you can demonstrate the false representations in his Declaration by showing :

– Exact words used in making the representations;

– Facts supporting the materiality of the representations;

– Facts suggesting that the representations were false;

– Facts suggesting that the Petitioner knew the representations to be false at the time they were made; and,

– Facts suggesting that representations were made with reckless disregard to their truth or falsity.

If you can't show each of these requisites, you'll need to appear at the regularly scheduled hearing in 3 weeks. It will then be his burden to show proof of his allegations, and that if true, to obtain permanent orders in keeping with "the best interests of the children".

Good luck to you.

IAAL

[Mario Visin]

Originally Posted by rvrsofbelief

california. I left my husband and he immediately went and filed a false domestic violence tro. now I cant get belongings, see or have contact with children for 3 weeks. he has complete control over everything. is there anything I can do right away or do I have to wait the 3 weeks until the hearing?

California-Maybe you can file for a motion to quash the order. Go to Legal self help at the court house and have them show you the correct forms to fill out or there are legal document companies that can show you how to file the correct forms. Your best bet is to go to free legal self help early in the moring on their designated days.

[Rushia]

This thread is 5 years old. Why bother?

[Blue Meanie]

Originally Posted by Rushia

This thread is 5 years old. Why bother?

It make you wonder if anyone bothers to look at the date....

[Litigation!]

Originally Posted by Rushia

This thread is 5 years old. Why bother?

My response:

Not only that, but it also appears from Miss Mario's first and only post, that she didn't even bother reading my response!

IAAL

[Rushia]

Originally Posted by Litigation!

My response:

Not only that, but it also appears that, for Miss Mario's first and only post, that she didn't even bother reading my response!

IAAL

Heavin forbid someone ignore you.....

[quackatty]

I would bet $ that there was an attempted but failed reconcilliation attempt explaining the time gap! She is making an attempt to use old dirty laundry as a weapon in round #2 which will be useless in court.

What do you guys think? Hell hath no fury like a vigina scorned.

[Shay-Pari'e]

[quote=quackatty]I would bet $ that there was an attempted but failed reconcilliation attempt explaining the time gap! She is making an attempt to use old dirty laundry as a weapon in round #2 which will be useless in court.

[b]What do you guys think? Hell hath no fury like a vigina scorned.

Actually you look rather stupid enough for replying to a year old thread, so I won't go into your comment of a "Vagina" scorned.

Well, OK! I will,

Since when is a vagina scorned?

Get a life dude, and find another forum for your mental adventures.

[stealth2]

What's a "vigina"?