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  1. #1
    Join Date
    Sep 2011
    Location
    Clarksville, TN
    Posts
    4

    Question How Can I Get a Restraining Order Dismissed

    My question involves restraining orders in the State of: Georgia

    My husband, under the advice of his chain of command in the Army, took out a temporary "stalking" restraining order against me in early March, using a falsified statement. When we went to court March 21, the judge refused to listen to ANYTHING I had to say, and signed the restraining order for 12 months so now I cannot see or talk to my husband or my 1 year old son and 3 year old stepson. Is there any way for me to get the restraining order dismissed, or am I stuck until the 12 months runs out? Also, if he so chooses can he have it dismissed? I recently learned that our son is sick and in the hospital and I am VERY worried about him because my husband has never had to deal with the kids being sick since he was always deployed. He also has another married woman and her 2 children living with him in our on-post military housing, saying she is "strictly babysitting" but yet his mother has posted that she is going to be a grandmother again and it's another boy, leaving me wondering if he has her pregnant as well. Please help, I am trying to come up with the money for an attorney so I can file for divorce and get my son back. I haven't seen my son since February and I am worried about him being in his father's care. Thank you.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,072

    Default Re: How Can I Get a Restraining Order Dismissed

    Quote Quoting shadamoon05
    View Post
    My question involves restraining orders in the State of: Georgia

    My husband, under the advice of his chain of command in the Army, took out a temporary "stalking" restraining order against me in early March, using a falsified statement.
    Were you legally separated? There's more to this than "His CO told him to lie." What were the circumstances?


    Is there any way for me to get the restraining order dismissed, or am I stuck until the 12 months runs out?
    Unlikely. You need the help of an attorney.

    Also, if he so chooses can he have it dismissed?
    Unlikely. He'd need to convince the court that it's in his best interests - and the childrens' - for the order to be dropped. Depending on the circumstances under which he petitioned for it to begin with, it may not be possible to dismiss it.
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  3. #3
    Join Date
    Sep 2011
    Location
    Clarksville, TN
    Posts
    4

    Default Re: How Can I Get a Restraining Order Dismissed

    Were you legally separated? There's more to this than "His CO told him to lie." What were the circumstances?

    No, as far as I know we have not been legally separated. I never signed any papers other than for receiving the temporary restraining order. We had a situation arise with the kids, and to protect him his CO had him get the restraining order, even though I was never a threat to him or the kids. The only thing I wanted to do was bring the kids home to TN for a short time while he was deployed since my family has yet to meet our 1 year old son, and since we finally had the money (from tax returns) and a safe vehicle (purchased with the tax returns) for me to safely make the trip, I planned on coming home for a bit. He was scared if I came back to TN I wouldn't come home and he wouldn't have the kids. I had proof in-hand the day of court that at least 95% of his statement on the temporary restraining order was falsified, but yet the judge refused to let me even speak at all. I was a stay-at-home mother to both kids since I had medical problems (which he knew of from the start) which limited my ability to work, and we also mutually agreed it was best for me to stay at home and care for the kids since most of my pay would have went to childcare while I was at work. I still face those medical problems, and they still limit me in my ability to get a job, therefore limit my ability to get an attorney to fight him.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,246

    Default Re: How Can I Get a Restraining Order Dismissed

    Based on the circumstances that you have presented, it would be damn newar impossible for you to fight this order without the assistance of an attorney. Family courts will usually provide someone with a case worth fighting, a court appointed attorney. However, your medical issues and ability to earn wages, coupled with whatever allegations have been made against you, gives you a huge obstacle to overcome.

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