False warrant for violating a TRO

[raywagg]

How do I deal with False claims of violating a TRO?  I have a warrant with the city that I have to turn my self in for. I live in a different state and did not in any way violate any order. Why do I have to sit in jail for three days while they investigate me and pay a bond of $1000.00? Oh yeah by the way I have to prove my where abouts with out knowing I had to show that I didn't violate anything and cant find out when where & how I voilated the TRO until I turn my self in. Luckily I found out before the court date so I wouldn't have to be arrested in front of the court and my family.

[MYSONSDAD]

That totally sucks!

Dig up all receipts for the date you were suppose to violate, lunch, shopping get your phone records, anything and anyone who can testify on your behalf.

Restraining Orders are like a living hell. Made up of false allegations to keep you away from your kids.

Hope you can find what you need to prove its a hoax...

[takingitallin]

Question 1, do you have an attorney?  If so, see if your attorney can get a copy of the affidavit stating how and when you violated the RO.   If you do not have an attorney,  you have a right to request this document yourself, but the asses in the legal system  believe all Dad's are the guilty parties and the wonderful mothers are saints!  Yeah right! (and by the way, I am a Mom, but my SO has gone through hell because of his X).

There is an article somewhere on this board regarding Restraining Orders - find it and read it.  It says you have a right to request a thorough investigation.

My SO too has been accused of violating an RO - twice - and the courts would not give us the affidavit stating when and how so he could prove himself innocent.  He had to go in front of a Clerk who decided whether or not there would be a trial.  Sure in the tune of $2000 in legal fees - what does the clerk care?????     If you have the proper information, then you can  have all your alibi information!


My advise is - from reading above, you know when you 'supposedly' violated, so have your witnesses lined up, any receipts etc and show up ASAP.  Do not put this off, it will make you look bad.  Then see what you can do to prove that the statements made were lies.

I agree, RO's are tools to keep Dad's from their kids.  If your RO is keeping you from your kids, have it modified so you can see them with a third party picking up and dropping off the kids.  Have your third party bring a witness.

As far as living with a RO over your head - always have an alibi.  Always have people around you.  It sucks to live your life like this, but it is safest.  Keep all receipts from all stores too.  Keep good records of your daily schedules.  Trust me, this will help you in the long run!

Good luck!