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  1. #1
    Join Date
    Sep 2010
    Posts
    2

    Default How to Fight a False Order

    My question involves restraining orders in the State of: Missouri



    Will try to make this story short. I was served with an ex parte order today to no longer have contact with my sister. I live in Arizona, she lives in Missouri. In the order she also wrote that I'm to not have contact with my parents who reside in a different state than the both of us. Both still work full time and neither is disabled.

    My sister is in an abusive marriage. She has left her husband multiple times (More than 5 in the last year) Each time she stays with my parents. In July she and her children stayed with me. Her husband has pending criminal charges against him. While she was away from him in both March and July she gave recorded statements to the county sheriff where they live, the state attorney general, and the FBI. She was also an "anonymous source" in a news story that ran about his crimes on a local news station.

    In March of this year she called me crying, stating she'd hidden his guns, and was locked in a bedroom. She was screaming, he was screaming, and their children were screaming for help in the background. Being that I am out of state I did all I could do, I contacted both the sheriff's office and Child Protective Services. There is still an open CPS investigation to my knowledge.

    Now that she has gone back and he's found out about her reporting him, so she has stated that I made the statements impersonating her. The ex parte order states that I impersonated her and that I lied to family services. I do not want this on my record, and it is all out right lies.

    I have more than 40 emails she courtesy copied me on that she sent to local police, as well as the attorney general about his crimes, about his abuse of her and the children. My parents were both with her when she gave recorded statements to the Attorney General, FBI, and news media. These are on their phone records as at that time she was residing in their home. She states that I harassed her in July of 2010. In July she and her children were staying with me. I have photos, home videos, as well as multiple notes she wrote me in email and facebook thanking me for taking care of her children and helping her.

    What else do I need to have to fight this? I have my parents and my other sibling willing to go to court with me, as well as all these documents, receipts for things purchased for her and her children, receipts for fed ex'ing documents to the sheriff and attorney general.

    I also realize this in because she is frightened of her husband and believe this will show in court. However, I'm tired of all of us suffering due to her relationship. Is there anything else I can do? I'm not sure I can afford an attorney on top of travel expenses on such short notice.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,031

    Default Re: How to Fight a False Order

    The notice presumably describes how you may go about challenging the order and having it set aside. If you wish to do that I suggest retaining a lawyer in Missouri to assist you. If your parents have no objection to your contacting them, that's something you would want to address when challenging the order. You may attempt to defend yourself without a lawyer, but you can expect it to be considerably more difficult.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: How to Fight a False Order

    A TRO is not that hard to object to (the TRO means little, its an exparte order); call the court clerk (dont give them the full story you gave here unless they wish to hear it) ... has the person filed for a permanent RO? Usually TRO's only have a finite time period.

    If a hearing is involved you should attend. I dont think a court in one state can issue out a TRO for another, especially since it is not your parents asking for one.

    You sister is an idiot of course but I guess she can be if she wants to be.

    Its nice they have kids. And there are guns in the mix ,,,

    You live in AZ & she in MO, you have limited money .. so I guess you hardly ever go there ... maybe you are causing some issue via telephone.

    I would quit contacting your sister for a while.

  4. #4
    Join Date
    Sep 2010
    Posts
    2

    Default Re: How to Fight a False Order

    I have a hearing date already. I have also contacted a few attornies in that area to find out what my options are. My parents will be attending court with me, as they both know the allegations are false. How will the hearing work? I will be able to present evidence? Also, how can someone get a judge to sign something like this? She just checked a bunch of boxes and wrote a page full of statements, "I believe my sister did this..." "I believe in July my sister did this..." It's very upseting that someone can get an order based on beliefs with no proof.

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