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    vamosj's Avatar
    vamosj Posts: 31, Reputation: 2
    Junior Member
     
    #1

    May 20, 2008, 11:01 PM
    Motion to terminate sexual assault protection order
    I was falsely accused of sexually assaulting a child back in November 2007. A sexual assault protection order was placed against me while an investigation was being done. Since then, an investigation was done by NCIS, since we all live in military housing, I took a polygraph to prove my innocence in which I passed, and in April 2008 the prosecutors office formally declined any and all charges against me and subsequently NCIS closed their case. A few weeks ago I filed a motion to terminate the protection order, and yesterday at court, the neighbor that accused me showed up with a lawyer she obtained over the weekend, and he was granted a 2 week delay in order to prepare for the hearing. I have a letter from NCIS stating the prosecutors formally declined all charges, and they closed their case. I also have a letter from the grade school that my children and the neighbors child attend stating that I obeyed the protection order from the beginning and now that the case is closed, they welcome me back so I can go back to involvement with my children's school and volunteer work that I used to do before this all happened. Is this good enough reason in a court to decide to terminate the order? I was never considered a suspect. The case said suspect unknown and the case file from day one has stayed in the child's name only. I have never been charged with any crime whatsoever, and have never been arrested. Her new lawyer also stated in court yesterday that all he has is a lot of heresay from her and nothing else. What are my chances of getting it overturned, and do I need a lawyer to represent me or can this be done on my own? Any advice would be greatly appreciated. Thank you so much in advance.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 21, 2008, 05:57 AM
    Yes, if they have an attorney you better have one
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #3

    May 21, 2008, 06:57 AM
    Quote Originally Posted by Fr_Chuck
    Yes, if they have an attorney you better have one


    And OP better have a better Attorney!

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