harasment order, how do you fight this?

[spinner]

Ex filed an harasment order on me.
Order was granted temporary and we are due in court next week to discuss it.
I am going by myself.

- The order state that I am not to have any contact what so ever with her.
- stay away from her home
- stay away from her work
really I have no problem with this but the fact that I haven't been able to pickup my son as a result of this, ....

I am wondering what the burden of proof is, what she has to do to get the order maintained or what I have to do to get it dismissed, ...
What's the law on this and who has the burden?

[socrateaser]

>Ex filed an harasment order on me.
>Order was granted temporary and we are due in court next week
>to discuss it.
>I am going by myself.
>
>- The order state that I am not to have any contact what so
>ever with her.
>- stay away from her home
>- stay away from her work
>really I have no problem with this but the fact that I haven't
>been able to pickup my son as a result of this, ....
>
>I am wondering what the burden of proof is, what she has to do
>to get the order maintained or what I have to do to get it
>dismissed, ...
>What's the law on this and who has the burden?

Different laws for different jurisdictions. You'll have to post the text of her affidavit so I know exactly what facts she alleged to the court. Generally, a person needs to show that they have some reasonable fear of emotional or physical abuse from you. The only way to defeat one of this things in practice is to offer to take a polygraph on every single allegation that claims you are a danger. Otherwise, the court will err on the side of the complainor.

Nevertheless, you should be able to obtain some reasonable modification of your custody/visitation/parenting plan orders in order to see your child. But, you need to be prepared to ask for them, and have a written proposed judgment for the court, which should be filed and served on the other party in advance of the hearing.

Once again, if you are certain that every word in her allegations is a lie, then I'd go for the polygraph. If your ex says no to that, then the judge will suspect that she is lying and the court may dismiss the restraining order.