SPARC Forums

Let's say someone gets an ex parte emergency hearing and gets a TPO against me.  I hire an attorney to represent me at the next hearing.  What arguments can my attorney present to get the TPO thrown out?

In order to get an ex parte TPO, the petitioner must present a sworn affidavit alleging facts that show that he/she or the minor child(ren) are more likely than not to suffer irreparable harm if the emergency order is not granted without notice to the respondent.

And, just like the attorney would would represent you in court, I would need to know the facts alleged in that affidavit in order to try to defend against them.

But, you have provided me with NO facts, therefore I cannot suggest a defense.