How to fight an unjust restraining order?

UPDATED: May 25, 2012

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How to fight an unjust restraining order?

My ex-husband’s wife had me served yesterday with a temporary restraining order, stating that I stalk her. Her accusations are completely false and this order is unjust. I have to show up next week at which time the court will decide whether or not to make the order permanent. I need advice as to what I need to prove her accusations are false and to make sure this is not something that is on my record.

Asked on May 25, 2012 under Criminal Law, Colorado


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

At a restraining order hearing, the Judge or Referee wil hear arguments from both or all parties to determine whether or not good cause exists to issue the restraining order. Assuming you have already been served with the allegations,  you must provide information to the judge proving those allegations to be baseless. You can also retain the services of an attorney if you chose to represent you. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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