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What do I need to prove I'm not a danger to my 7 yr old daughter for a Restraining Order Hearing this week May 29, 2015 ?
Anonymous2 views3 answers
I moved out of my home 3 weeks ago at my wife's insistence. She finally admitted to cheating on me this last year and doesn't want to be married any longer, she wants to date other men, says she's not sure she can be faithful. She got a Restraining Order, I believe with the help of a stupid text message I had sent her. She had been threatening to get one against me for several weeks knowing it would be easy to attain. I had no place to go in Bullhead City, Az, so my only option was to stay with relatives in Cal. My main concern is not to lose my rights to see my 7 yr old daughter. Last week on 5/20/15 my wife was arrested at our home for possession of a small amount of marijuana along with a guy she let stay at our home. He was arrested for 2 oz of marijuana. She did contact me today.
You need to prove the court there's no history of violence and no reasonable possibility that you'll be violent in the future. It's her burden to prove why she requires a protective order, but don't be complacent. You'll be allowed to present testimony and evidence in your defense, so perhaps meet with a local attorney. You may be able to pay for an hour or two of an attorney's time where you can learn how to properly present your case at the evidentiary hearing.
Mr. Hall is correct. She is after the order so she will need to prove you are a threat. Since the child is a minor residing at the home she'll be listed on the order. That's fairly common. Line up witnesses and be ready to show you have not threatened her whatsoever and left the home at her asking.
If the court issues the order it can cause all sorts of problems. I would contact an attorney to assist you in your case.
If you have a hearing scheduled for the order or protection then I suggest you hire an attorney. It is better to have representation with you to make sure everything goes ok. However, you are quickly approaching the 29th and will need to speak to an attorney soon to be sure they can be present with you.
