Getting a Restraining Order Lifted at Appeal

[charlewi21]

My question involves restraining orders in the State of: Maryland
My Wife went and talked to a Social worker and allowed them to file A child abuse charge on me. That Evening CPS shows up and takes the kids and tells her the only way she will get them back is to file a protective order on me. Which now is at 6 months. I have filed an appeal which will happen after the custody hearing. If CPS does not investigate and charges are dropped as I have already Given them a letter from the Childrens doctor Saying the kids are in perfect health and never abused or missed any Appts. Will I be able to get this Order lifted? We were fighting just verbally and I got upset and hit the Dry wall with my head and punched a hole in it never touching her or any of my kids. I entered myself in a Therapy Program and have been going for 4 weeks on tuesday is also stated in the Final Order that She is ordered and Agrees to attend Therapy because she has a history of mental illness and told the judge she is no longer on meds to this she has not followed has made Appts and not gone and I offered to pay for a Place and my mom would take her back and forth and she decinded is there a time frame to file contempt Charges? As i Said I have filed an Appeal and am waiting on that date. Would like to have some more things to go to court to get this lifted. She also Changed her story from the 48hr Order to What she Testified in Court to get the Final Order can that be used on her to get this removed??

[Mr. Knowitall]

If you don't think that there is a basis for the order, you should fight its imposition in the first place. If there are grounds for the order, such as your losing it and punching holes in the walls, the mere fact that CPS doesn't find grounds to take the kids away doesn't mean that there's not plenty of basis for the court to issue a protective order.

[charlewi21]

Well now the case is closed with CPS and DSS they found no evidence that my wife or children had been harmed in anyway. They dont believe that because I hit a wall in an a fight with my wife that anyone was in danger. My lawyer thinks now it should be fairly easy to get the Order lifted now