Hello I need help in drafting a motion of discovery, yesterday I was served a protection from abuse order from my former girlfriend. The hearing is in 10 days, in the order she stated I was a danger to her and that I physically, emotionally and sexually abused her while she was living with me. All of these allegations are pure false and to be honest there is no proof of any of these things. She stated that on dec 3rd I forced her to have sex when in fact the date was December 4th and I have time stamped Facebook messages showing that it was consensual and even very sexual based messages she wrote to me very close to that time. I want to see what if any proof that she has against me, she filed all this within a few months of me signing paperwork stateing I was the father of our child. She also has filed one of these before about 2 years ago, I hired a lawyer and he fought for me but we settled before the hearing, 2 months later she dropped the pfa and begged me to take her back, I stupidly did thinking I was doing what's right for the child. I now just want her to leave me alone she's vindictive and if she wants the child so be it just stay away. I don't have the money for another lawyer need some help.

In that case, it is just about impossible that you could pursue discovery for a hearing scheduled 10 days from now. If you were to do discovery it looks like it would be the taking of her deposition. Since she is asking for a protective order, you don't really want to be in the same room with her for such a deposition, particularly without an attorney on your side.

Go to the hearing and tell the judge your story.

I plan to however won't she be at an extreme advantage due to her having FREE representation, I plan on telling the judge I don't want ANYTHING to do with her I would just like simple visitation. She claims I'm a threat to my daughter when no where in her allegations is there a mention of me being abusive to my daughter. Also couldn't I settle out of the hearing by just allowing no contact between me and her but asking for visitation? I just want this girl out of my life without trying to take all my money and respect. She is toxic and has caused me emotional trauma for which im now in counseling for.

I agree with AK that a motion for discovery is pretty much useless at this point. What I would do is file a motion for joint legal custody of your daughter and visitation rights. I would go into court and state to the judge that, while the allegations listed in the complaint are totally false, you have decided that a continued relationship with this woman is counter productive. Therefore, to save the court's time you will consent to an order of no contact as long as it goes both ways and does not carry any mention of abuse or illegal activities. Advise the court that you are pursuing visitation rights and that you expect that you may have to have contact during court hearings.

So I should inform the judge of these things during the hearing? Or is there a form to file a motion? I also thank you both for responding as nobody seems to want to help.

What court issued the summons? If it was a Family Court they tend to be less formal than other courts. Otherwise, you may need to consult a local attorney to prepare. Another option would be to check with a local law school, many have law clinics that will help you prepare strategy and paperwork.

As I previously indicated, discovery (One doesn't file a motion for discovery, but instead requests discovery and moves for the same only if and when the other side fails to comply.) wouldn't be feasible under these circumstances. Whether an appropriate form is available depends on what jurisdiction (state, and probably county or other subdivision of the state) you are in.

You have 10 days to prepare your side of things or request a new court date which is useless unless you have an attorney. So is the motion for discovery, in my humble opinion. You probably have enough emails and Facebook statements to show she was a dumb young NUT trying to make your life miserable as any evidence she may have in the first place, so just focus on good arguments on your own behalf.

She obviously wants an advantage for any future child support and custody hearing in the future and her restraining order reflects that. I am no lawyer, but setting up child support yourself through the courts without her, voluntarily, is your best step against any of those tactics and shows you put the interest of the child before any other stupid personal arguments and tactics she can come up with.

So don't be afraid of her free lawyer, and act against your own innocence with tricks and tactics. Just prepare your own case to present to the judge. The more documentation you have, the better. Having said all that, I highly I highly recommend you get a lawyer to get you through the entire process as trust me, this is but the first small step in a longer more important process.

Don't be a fool and go it alone without more than just piece meal online advice. Even David had a slingshot he knew how to use well when he faced Goliath.

List of Fathers' Rights Organizations in the U.S.

https://fathers4kids.com/

Fathers Rights Attorney Assisted Family Law Legal Help and Information

Although I do agree a lawyer could be helpful in all honesty the lawyer I hired last time for this same reason was not able to really help me at all, also 900 dollars for one day is just not within my means. he did his best but it still ended with her winning, although we did not go to a hearing. Mostly all I want is her to stay far very far away from me I don't want any contact. If the child weren't involved I wouldn't even show to the hearing. This woman has burdened me and my family for 3 years. ScottGem put into words rather elequently exactly what I want. The court is a district court house in the state of Maine just for some context she states that i raped her after she refused sex that day however she did say clearly we would and she of her own free will got naked and laid there, no threat of violence was given by me. Now lets assume i took her by force why did she not call police? Where are the medical records showing bruising or bleeding? Why wait 30 days after the alleged incident to file a protection order when no contact was made to her by me during those times? Im sure i could obtain phone records showing that after the alleged rape she contacted me for her belongings however i did not speak with her but had my step father give her all of her things. All this you would think a judge would consider

I think the judge would definitely consider the fact that she made no police report. However, that is not that unusual in cases of date rape. Frankly, that's the part that really scares me. It can cause you a lot of grief. For that alone, I would want to seek legal counsel.

If legal counsel was free I would be seeking it however its way to exspensive, she has filed a report of rape before against a dude I used to know and there was no proof. Her history of using the law as a weapon should be clear to those who look, meanwhile I have no criminal history, not even a speeding ticket. Common sense alone would disprove all her claims, this entire situation whether good or bad has taught me to not trust women whom have past issues. I mean I could hire a lawyer and then not pay but that in itself would cause more problems.

You family as witnesses would be a great benefit. At least look into the links I gave you instead of just dismissing valuable possibilities for knowledge and insights.

I haven't dismissed your links, I have read through them and they are very good sources I appreciate you takeing the time to post them for me, I was under the impression family as witnesses weren't reliable because of bias to one party, after all they do hate this woman. Idk guys the more I read the more it seems the plaintiff gets all the power, if I hired a lawyer (maybe I can barrow money somehow) could I have a mutual pfa like that states she needs to stay away from me as well?

What your talking about is a defining document that would allow and outline what contact can take place and how it is to happen for the sake of the child. Mutual orders of restraint are common when done with custody issues. Your biggest problem is that you keep focusing on yourself and not her. If she fears you then you both have a problem with or without violence. When it comes to the court room its going to be all about perception. What you need to do and you may not be capable of without council is to shape it into something you both can live with. A PFA or an RO or anything of that nature can have devastating affects on your life and your future. You need to get this right.

I agree with cdad about the affect of this on your future. That's why I said, you would agree to an RO ONLY if there is no abuse or illegal activity attached to it. I'm not sure, however, that she actually fears you. I think she has had some success in the past "working the system" and is using those tools against you.