• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Restraining order, unjust?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Johnh25

Junior Member
Illinois- Dupage County
My wife and I have been married for a year and a half. Over the last month things have been going down hill. She decided to leave the residence we share. A week later I was served papers demanding that I "stay away." There are some pretty extreme allegations in the content of this order none of which are true. She came to this country illegal and has not yet gained citizenship. I have a feeling these allegations are to prevent me from obtaining visitation of our young son and to allow her to obtain a visa. It seems to me that the system is forcing me to have to prove my innocence. Given my financial situation, hiring a lawyer would be difficult. Why wouldn't I just be able to go to court and say these things are not true. An order of protection seems like it would tarnish a history of good behavior and interfere with some of my civil liberties. Is it absolutely necessary to hire a lawyer in this case or would I just be able to say im innocent?What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
Illinois- Dupage County
My wife and I have been married for a year and a half. Over the last month things have been going down hill. She decided to leave the residence we share. A week later I was served papers demanding that I "stay away." There are some pretty extreme allegations in the content of this order none of which are true. She came to this country illegal and has not yet gained citizenship. I have a feeling these allegations are to prevent me from obtaining visitation of our young son and to allow her to obtain a visa. It seems to me that the system is forcing me to have to prove my innocence. Given my financial situation, hiring a lawyer would be difficult. Why wouldn't I just be able to go to court and say these things are not true. An order of protection seems like it would tarnish a history of good behavior and interfere with some of my civil liberties. Is it absolutely necessary to hire a lawyer in this case or would I just be able to say im innocent?What is the name of your state (only U.S. law)?
Its going to be your word against hers. It depends on who the judge feels is more credible.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top