How to Win a Restraining Order Court Hearing when FALSELY Accused

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  • čas přidán 7. 09. 2024

Komentáře • 43

  • @nwrbiodiesel1
    @nwrbiodiesel1 Před 11 měsíci +10

    Dealing with this right now! I can't believe this is how our system works. Wife filed lies on DVRO after I filed for divorce and they took my kids away for 2 years!. Still fighting this.

  • @MissKatAttackOfficial
    @MissKatAttackOfficial Před 17 dny

    “i am the epitome of reason” my new mantra

  • @timdickison9668
    @timdickison9668 Před 2 dny

    Good morning and thank you very much! Happy Thursday to you.
    I believe most people gain the information they needed BUT, never leave a comment thanking you, well, that’s not me and will be.
    I wish you much success with all that you’re involved in. 🙏🏻👍🏼

  • @daveduran3674
    @daveduran3674 Před 4 měsíci +1

    YOU ARE ABSOLUTELY AMAZING! UR KNOWLEDGE ON THESE MATTERS HANDS DOWN HAVE OUTWEIGHED MULTIPLE LAWYERS I HAVE CONSULTED. HONESTLY MOST TEND TO SHY AWAY FROM THESE ISSUES. THANK YOU FOR ALL YOUR INFO, THE DO'S BUT MORE IMPORTANTLY THE DO NOT'S!!! LOVE THE FASHION SUGGESTIONS BUT I THINK ILL GO WITH THE LIGHT BLUE OVER THE LAVENDER LOL WISH ME LUCK I FACE MINE IN 2 DAYS.

  • @user-op6bs3fc5p
    @user-op6bs3fc5p Před rokem +6

    thank you for the vid! i put a abuse of process because her friend the judicial clerk the one who helps the judge. so she told my ex to add that killing part so they can approve the TRO. its crazy !!

  • @lindsayweatherford
    @lindsayweatherford Před 5 měsíci +1

    I served my husband‘s aunt a restraining order because she bit me and she tried to punch me after she threw away a rug that I bought for the trailer that she was staying in and she forcefully moved yourself into the house without asking any of us if she could live in the house

  • @realoptions
    @realoptions Před 4 měsíci +1

    In Washington, we aren't allowed to cross talk or ask questions....What to do?
    We also can't present evidence in court, everything has to be submitted online before the hearing.
    HELP!

  • @user-ch2px4jy4b
    @user-ch2px4jy4b Před 11 měsíci +1

    You need to trust your lawyer. If you dont, find another that you do trust. And then follow their advice.
    And also, ve totally totally honest with yiir lawyer. Even if its embarassing. There are three people you dont lie to, your doctor, your preisy and yotr lawyer.

  • @dannylopez9109
    @dannylopez9109 Před 3 měsíci

    Is all hope lost if a cease and desist letter was given 22 years ago to not contact? No contact except an email a few weeks ago with my contact info. Nothing was ever obscene or threatening to her.

  • @JohnRichardson-tt8jz
    @JohnRichardson-tt8jz Před 10 měsíci

    Can you make a video about a preliminary protective order for general district court with a weapon involved when no evidence of a weapon was used and no threat of violence at I've had no contact with petitioner in over a month and half

  • @patriciabreckenridge8168
    @patriciabreckenridge8168 Před 11 měsíci

    Please address my situation Veronica.

  • @ZarahNaidoo-gp8lm
    @ZarahNaidoo-gp8lm Před 10 měsíci +1

    Hi im an applicant in a restraining order with my bfs ex wife who is harrasing me physically and emotionally. She is denying the allegations. I have texts how do i write an affadavit in reponse to her deposition

  • @kenknight3156
    @kenknight3156 Před 18 dny

    I asked you in a different video if I should apologize and tell the judge that O of Pro is not needed because I will not contact him again....even though its my son.....you said "No," I was at the door and rang the doorbell 10 times....he said go away I asked can we talk? He told 911 I was banging on door and screaming....I left after being there, during the day, after 7 minutes of being there....as I was leaving cops blocked me in.

    • @veronicatbartonesq
      @veronicatbartonesq  Před 18 dny +1

      Apologizing and stating that you won’t contact the other party could easily backfire, but is meaningless to the judge at best. You have to understand what the judge is looking for and that the judge does not know you; you need to establish your credibility in front of the judge.
      You start at 0 credibility, or possibly even in the negative as the respondent. In California, for a DVRO, the judge is deciding whether the petitioner has proven by over 50% that a domestic violence restraining order is necessary to prevent future domestic violence (including disturbing the other person’s peace).
      You could potentially explain, depending on the overall allegations, why you rang the doorbell 10 times and explain that you won’t do it again since within your testimony.
      As a parent, you need to be especially careful that you don’t come off as overly aggressive during the hearing, and also keep in mind that the judge probably has children and will be comparing your actions against what he/she would do with his/her own children. When I represent parents in these situations, I’m very careful that we don’t unnecessarily embarrass the adult child, etc. and come across overall as loving but simply doing what’s necessary to defend against the DVRO.

    • @kenknight3156
      @kenknight3156 Před 18 dny

      @@veronicatbartonesq You said he's looking for sincerity and that I have no intention on contacting this person again....didn't you?

    • @veronicatbartonesq
      @veronicatbartonesq  Před 18 dny +1

      The judge has no reason to believe that you have no intent to contact the other party, despite what you say. If you proceed with the idea you proposed and detailed more in your original comment on the 5 easy hacks video, the judge might even say that if you have no interest in contacting the other party, then they might as well issue the restraining order (not what they’re supposed to do, but I’ve seen it happen when respondents insist that they don’t even want to/won’t contact the other party.)
      If you’re not in CA, then talk to an attorney in your jurisdiction. But please at least take the free class at defeatthedvro.com to get a better gauge on how this process works. It is not common sense.

  • @007700jr
    @007700jr Před rokem +1

    I too am being accused of dv simple assault. My court hearing is on the 30th of this month. I was playing with my 4 year old son when he contracted a bruise on his cheek while rough housing. My girlfriend, the mother was there but in another room when the accident happened. My girlfriend isn't the one who reported the incident and is a mandated reporter. My girlfriend does not live with me but brings the children to my house every weekend. That time together gives her some R & R while I get to play and spend time with my fellas. We also have a 3 year old young lad. My girlfriend lives with her mother and grandparents. The grandmother and great grandmother were the ones to report the bruise two days after the incident and were not there when it happened. They lied on the police report and said I choked my son. That comment elevated the assault charge to aggravated circumstances. If that don't paint a picture of how the grandparents are I don't know what will. The grandparents have established a trend of provable retaliations against me in the 12 years of being with my paramour. Calling CPS twice for unfounded acquisitions and written letters to restrict my visiting of my children at the home in which they live. Only to retract the restrictions after some time has past.
    The investigating officer told my paramour to not allow contact with my fellas. Out of respect for my sons position, I have complied. Children have no reason to lye so I didn't want to be seen as someone who was interfering with an investigation. Any way, It's been 517 days since I have been able to hold my boys and tell them I love them. I have had no contact with them at all. That was March of last year the incident occurred. I have had contact with my girlfriend and even relations, at least until finally March of this year when a no contact order was actually provided to me. It's been 152 days since I've been able to wrap my arms around my paramour. I spent 6 days in jail on a warrant sparked by this situation which went into effect at the end of February. I was jailed at the end of March of this year for those 6 days and given the no contact order officially. I was also made to ware a GPS monitor with pretrial services. Note: the aggravated assault was thrown out and I was left with simple assault, endangering the welfare of children and harassment. Ridiculous!
    I have a public defender who seems to be asleep at the wheel. I am on unsecured bail and I tried to have him modify said bail a couple weeks ago. About two weeks ago. Tell me if this makes sense. My public defender replied many days later and said that the ADA would be in favor of letting me have friendly contact with my family but refused to remove the ankle monitor. In fact, if he allowed the ankle monitor to be taken off, which costs 500 a week that he would request to the judge I be remanded back to jail. He would allow contact with the victim but I'll be damned if they remove the GPS monitor and the county looses its cash cow of 500 dollars a week.
    I have lots of supporting evidence with text messages, letters and situational timelines to help me prove my innocence, but my PD is still sleeping. I have spoke to him twice in voice calls but was left with more questions and never received answers to any of my questions. I have 6 days before court for a plea hearing and I motioned the court to modify bail and the judge agreed to have a hearing at said plea hearing. I feel like I'm alone in this fight. I do know that my girlfriend does not want this to proceed. But, the police is the one who filed charges. My brain hurts.

    • @bryancross8068
      @bryancross8068 Před rokem

      Yeah, police filed charges with my friend, too. The day of the incident, no arrest happened to him, so, until 5 days later the warrant for his arrest was issued out.
      He never did any of the things his mother claimed, either. But, she did. He's going through a bunch of pain and struggle, as well.

    • @bryancross8068
      @bryancross8068 Před rokem

      The patrolling officer's SUPERVISOR is the one who pushed forward the arrest to happen.
      Corruption may be going on so we may have tp expose any that's going on.

  • @MoBSTAR-x
    @MoBSTAR-x Před rokem +2

    i have the same issue exactly but she thought i was gonna kill myself and blame her then find her, she then alleged 19 violations now i never received the proper process of the petition and then they never reServed until in jail for 4th time. they withdrew the petition now there is 3x
    cpo and 450 days no hearing and no trial, despite not waiving time/

    • @MoBSTAR-x
      @MoBSTAR-x Před rokem

      @californiacriminaldefense and i have reporters certified transcript that states the same! under oath judge affirms.

  • @GigglingButterfly-yl3fd
    @GigglingButterfly-yl3fd Před 4 měsíci

    Thanks

  • @nwrbiodiesel1
    @nwrbiodiesel1 Před 11 měsíci

    Thanks for the information, we appreciate it! ❤

  • @MsOldblue
    @MsOldblue Před 9 měsíci

    My Sister put a order of protection against me 18 days after I had put one on her for assault saying I pulled her granddaughters hair and called her stupid which I never did. Never been in trouble with law have had finer print card since I worked with children and the elderly. Would never hurt anyone but she has been arrested multiple times for assault. Continues to do it .

  • @patriciabreckenridge8168
    @patriciabreckenridge8168 Před 11 měsíci

    Since 6/29/23 I have been homeless at a mission and/or working bc my 14 year boyfriend's mother filed a false OP to stop my tenancy after the condo owner and mother allowed me to live with my boyfriend in her condo since October 22, 2022. I didn't harass her, stalk her, physical abuse, orpersonal

  • @pennyc11
    @pennyc11 Před 20 dny

    Do you mean how to fight a false restraining order? Confusing title. They do happen unfortunately.

  • @elijahcovington9372
    @elijahcovington9372 Před 6 měsíci

    Veronica could you please help me, the mother of my child lied and said i threatened to kill her and im emotionally and verbally abusive towards ate daughter which are lies.the judge still approved the order of protection. Now i cant see my daughter for 2 years based of her lies. I put in a motion of appeal. Could i ask the court to have a child service counselor to speak with my daughyer to prove that her mother is lying? Thank you

  • @basicprogrammer6147
    @basicprogrammer6147 Před 8 měsíci

    Her mother called our home phone that rang out loud every day for 20 years, so approx. 5,000 times. And, she would call at different times. So, we lost 20 years, waiting for inevitable phone call. The same phone has an answering machine that answers out loud. So even if we did not want to pick up, she left a message with panic in her voice, wondering why we were not picking up.
    So, I blocked her number, thus "forcing" her to call my wife on my wife's cell phone, or text her message.
    Boom! My wife sides with her mother and I got ejected for 1 year.
    Lesson: NEVER cross your mother in law.
    I am not joking about the above story.

  • @user-ch2px4jy4b
    @user-ch2px4jy4b Před 11 měsíci

    I know it sucks , but if you can possibly afford it,get a lawyer, do it. It might be a lot of money, but this is important. And if he or she is lying about you to get the restraining order, the next step may well be to lie about you violating the restraining order. This can put you in jail. It's money well spent.

  • @rafaelsandoval7776
    @rafaelsandoval7776 Před 4 měsíci

    Veronica. I would love you to be my lawyer

  • @NCTarheel919
    @NCTarheel919 Před 10 měsíci

    Can you do a video for the victim and what if the DA didn’t press charges but you were assaulted can you still press charges

  • @Hollywood6566
    @Hollywood6566 Před rokem

    Im going through a divorce and was issues a T.R.O. , she asked for a continuece to get a lawyer which keeps me out of the house for an additional month. I never wanted this divorce, my heart is broken. I have a clean record and there is absolutely no domestic violence. Even the cops told me they feel shes setting me up. I think its because shes getting bad advice from a friend all because i wanted to try and keep my home. She said i call and text constantly throughout the day. But all the texts show a very patient and loving person who only calls multiple times because she all of a sudden stopped taking my calls. I only call when i have questions pertaining the divorce or our finances. I have a lawyer. I go to court in a month. Is it best for me not to testify? My lawyer said he will not put me on the stand because there is no basis for the TRO to begin with. What do you think?

    • @JasXOx0
      @JasXOx0 Před rokem

      Sorry to also hear what you have been through. On my end, even though it is not a divorce, but the same kind of evidences like call logs and text messages of apologies and all were being provided by the petitioner. He repeatedly block and unblock me to collate all these on his call logs. In my very first hearing, I have also taken on the advices from my therapist and lawyer to clarify my clear intentions of reaching out to the petitioner to end things proper without any threats or means to cause harm - as can be seen in my messages. Perhaps will be good to also emphasise if you have not be in contact with this person for how long a duration to make your point. No matter what try your best to avoid contacting this person since she already filed for such order, take your time to recover too. Hang in there!

    • @user-op6bs3fc5p
      @user-op6bs3fc5p Před rokem

      if she ever gaslighted you or did any type of domestic violence towards you. you should brong it up in court. they are trying to be pettt so you have to do it aswell