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Joey81

Restraining Order Appeal

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This is sort of a tangent to my previous post 'perjury and false claims'

 

Is there some way to appeal a restraining order? In our hearing the judge cut us short in spite of my attorney asking for more time. I did not testify because there are criminal charges pending, but that meant that none of my evidence was allowed in to court.

 

Here is what I have, which I think ought to be considered:

New evidence, which helps support my claim that my wife is framing me. It establishes that she made claims about damage to the house before her allegations about assault, but the damage to the house never happened. I didn't have evidence at the hearing, but now I do. Essentially, she made a report earlier in the day then attacked me later in the day and accused me of abuse. Caused self injury after I left and told the police I attacked her. The fact that the earlier incident never happened seems to support the notion that this was all set up in advance.

 

Evidence of attorney misconduct: Her lawyer knowingly represented false statements, and I believe they attorney violated ethical rules indicated below.

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law;

 

I still have the evidence, which was not admitted by the judge, but it proves that my wife perjured herself in her allegations that I caused reckless injury to my child and 'refused to explain the injury'. It also establishes that my wife is collaborating with her mother to frame me as her mother was on the witness list to corroborate this lie. 

 

So, what does it take to get this overturned or is it even possible?

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15 hours ago, Joey81 said:

Is there some way to appeal a restraining order?

 

Yes.

 

 

15 hours ago, Joey81 said:

So, what does it take to get this overturned or is it even possible?

 

In general, a successful appeal requires that the appellant demonstrate that the lower court made an error of law.  Determining whether that is reasonably possible in your case would require reviewing all of the relevant case documents.

 

By the way, I know nothing about the "previous post" to which you referred, but if facts relevant to these questions were included in that "previous post," then you probably should have asked these questions within that other thread, rather than starting a new thread.

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6 hours ago, pg1067 said:

 

Yes.

 

 

 

In general, a successful appeal requires that the appellant demonstrate that the lower court made an error of law.  Determining whether that is reasonably possible in your case would require reviewing all of the relevant case documents.

 

By the way, I know nothing about the "previous post" to which you referred, but if facts relevant to these questions were included in that "previous post," then you probably should have asked these questions within that other thread, rather than starting a new thread.

 

Thanks, that makes sense. I'll see what I can figure out.

 

As for the "previous post", that thread was about perjury specifically and what can be done when there are false claims over and over. I can prove some things were false, but evidence was not allowed into court. It's sort of relevant to this question, but based on your response I don't think it would really make any difference.

 

Thanks again.

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