rvrsofbelief said:
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