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    Trvlngunny's Avatar
    Trvlngunny Posts: 8, Reputation: 1
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    #1

    Dec 12, 2010, 09:53 PM
    Want to see my 2 kids. Help stop this false restraining order asap? Innocent man..
    What is the best way to revoke a restraining order? A domsestic violence restraining order was filed against me from seeing my wife and my two boys. She failed to serve me and continued to contact me and see me though we lived in separate homes. The court day to appear came and she failed to appear. I then contacted the police so I could see my kids. I was seeing my kids for the past 5 days to include 1 over night stay in my home. 2 days later she filed another restraining order against me. How can I stop her from allowing me to see my kids. I have not seen the mother for over 3 weeks and don't care to. I just want to see my kids.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Dec 13, 2010, 03:31 AM

    What state is this in? What is the reason for the second restraining order ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Dec 13, 2010, 05:09 AM

    In addition to the questions califdad asked is there a court ordered visitation schedule in place? Also the time line is in question here. If one applies for a RO a temp RO may be granted pending a hearing. Did that happen or was the hearing to determine if an RO should be ordered? What did the judge do when she didn't show? You also said she failed to serve you, but you seem to have known about the hearing, how? Unless an RO has been actually ordered by a court it doesn't have to be revoked. To revoke a court issued RO you need to show that the reasons for the RO (usually domestic violence and/or abuse) do not exist.
    Trvlngunny's Avatar
    Trvlngunny Posts: 8, Reputation: 1
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    #4

    Dec 13, 2010, 01:30 PM
    Comment on ScottGem's post
    There is no court ordered visitation in place. She filed for the RO pending a hearing for Dec 29th... Yes after Christmas... The 1st restraining order was dropped due to her failing to appear.
    Trvlngunny's Avatar
    Trvlngunny Posts: 8, Reputation: 1
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    #5

    Dec 13, 2010, 01:31 PM
    Comment on ScottGem's post
    She failed to serve and I knew about the RO cause I was at the court office the same time she filed for the RO and me filing for legal Separation to protect me.
    Trvlngunny's Avatar
    Trvlngunny Posts: 8, Reputation: 1
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    #6

    Dec 13, 2010, 01:34 PM
    Comment on ScottGem's post
    She failed to appear on the 7th of Dec.. The RO was dropped by the couurt. I was there... She refiled on the 9th of Dec and still allowed me to see my kid for the 7th,8th 9th and over night for the 11th and12th. She served me on the12th
    Trvlngunny's Avatar
    Trvlngunny Posts: 8, Reputation: 1
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    #7

    Dec 13, 2010, 01:37 PM
    Comment on ScottGem's post
    How can there be violence or fear if she failed to appear on the 7th of Dec? She refiled on the 9th and allowed me to see my kids till the 12th the day she served me. Why did she allow me to see my kids if I was a threat?
    Trvlngunny's Avatar
    Trvlngunny Posts: 8, Reputation: 1
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    #8

    Dec 13, 2010, 01:40 PM
    Comment on califdadof3's post
    The 2nd restraining order was put in place to stop me from seeing my kids. She failed to appear in court on the 7th of DEC. I started seeing my kids. She filed again on the 9th and served me on the12th after I had the kids for the night
    Trvlngunny's Avatar
    Trvlngunny Posts: 8, Reputation: 1
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    #9

    Dec 13, 2010, 01:44 PM
    Comment on califdadof3's post
    The RO was issued in California. The 2nd restraining order she filed for is Domestic Violence. She filed it to stop me from seeing my kids.She filed it cause she did not appear in court for the 1st one. The 1st one was DROPPED. Does this seem fair?
    Trvlngunny's Avatar
    Trvlngunny Posts: 8, Reputation: 1
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    #10

    Dec 13, 2010, 01:47 PM
    Comment on califdadof3's post
    Keep in mind I have not seen the mom sense the 27th of November . She asked to meet me at the mall where we took christmas pictures together with the kids. She had filed for the 1st RO but never served me and failed to appear in court on the 7th dec
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Dec 13, 2010, 02:35 PM

    First, please don't use the Comments feature for followups.

    I would file an emergency motion to vacate the RO and setup up court ordered visitation. Your reason filing an emergency hearing is to allow you to spend Xmas with your kids. You can point out that the RO was not important enough for her to show for the first hearing and that she allowed you to see your kids AFTER filing for the second one. But the key is getting this in front of a judge before Xmas.
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