getting rid of that RO

[Detter D]

History:  divorced 1/04
              custody:eow and Tues, nights
              Ex filed 209a 3 months ago..LIED in court because
              she was upset about me filing for her to pay 1/2 of the taxes on my 401K. (which will be addressed in Dec court date)
           
         
    I have not violated the restraining order in any way.

I have just been employed with a new job and this 209a that was
filed in Probate Court in MA is harming my ability to be cleared in
some projects because of security rules.....also it is harming me
in coaching my son in sports (which I have done for years).

Now the court hearing (a return in 3 mo.) is to be this mo.  o contact' thing because of the court it was filed in.
(good suggestion by you a few months ago)...

1. Without having to to go through the appeals process (which I cannot afford) is their some other way of getting rid of this thing?

[Detter D]

>History:  divorced 1/04
>              custody:eow and Tues, nights
>              Ex filed 209a 3 months ago..LIED in court
>because
>              she was upset about me filing for her to pay 1/2
>of the taxes on my 401K. (which will be addressed in Dec court
>date)
>          
>          
>    I have not violated the restraining order in any way.
>
>I have just been employed with a new job and this 209a that
>was
>filed in Probate Court in MA is harming my ability to be
>cleared in
>some projects because of security rules.....also it is harming
>me
>in coaching my son in sports (which I have done for years).
>
>Now the court hearing (a return in 3 mo.) is to be this mo.  o
>contact' thing because of the court it was filed in.
>(good suggestion by you a few months ago)...
>
>1. Without having to to go through the appeals process (which
>I cannot afford) is their some other way of getting rid of
>this thing?
>
>
>
>
>
>
>
>
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>
>
>
>
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[socrateaser]

>1. Without having to to go through the appeals process
>(which
>>I cannot afford) is their some other way of getting rid of
>>this thing?

I could have sworn that I already answered this question, but I don't see my answer, so here goes again.

Offer to submit to a polygraph exam by a court appointed examiner, as evidence of your truthfulness. If you do this in a written motion to the court, the other party will be forced to expressly reject your request. You could also wait until the hearing, but the risk is that the judge will not want to postpone his/her final decision on the matter any longer. The benefit is that the court will be able to "see" the other party's reaction, and that could have a marked benefit to you.

If they refuse to allow the exam, then the judge will start to doubt the other side's allegations, because judges know that only a true socio-psychopath can trick the machine, in the hands of an expert examiner. So, unless you appear to be a total nutcase, this would give you at least a shot.

You could also take the test without the court's permission and then offer it as evidence and simultaneously offer to take a 2nd test with a court appointed examiner.

The goal is to make your opponent struggle to suggest a reason, in the absense of any other objective evidence of the alleged events, why a polygraph exam wouldn't be a good way of ascertaining your honesty regarding the circumstances.

Other than that, you will simply need to try to trip up your opponent with questions about the events -- and that is a job for a seasoned trial lawyer.