What You Need to Include in a False Allegation Restraining Order Rebuttal
Developing a well written rebuttal is one of the best things you can do when issued a false allegation restraining order. It helps you keep a clear head and document everything. The first thing you will want to do is get a copy of the transcript from the hearing so you know exactly what took place. Then you begin your appeals process.
Be Clear & Specific
In your letter, state the basics like the time and date and whether or not you were present at the hearing. From the very first make it clear you were falsely accused and that the testimony given was false and no true evidence was presented to back up the claims.
Rights Denied
Make a list of the rights you have been denied and what you are being accused of and how it affects your rights. Things such as your loss of your good name, your activities being restricted in regards to your child and other ways you have been affected.
Procedural Due Process
This is required although often ignored and you need to state that it needs to take place before your rights are taken away. This is backed up by the 14th Amendment and, in many states, by the Domestic Violence Protection Act. You have the right to a full evidentiary hearing before any of you rights are taken away from you.
Your Ex's Goals
Let the courts know what you believe your Ex's goals are in making the accusations. Submitting a parenting plan is an excellent idea. Let the courts know you have been a full partner up to this point in parenting your children and you plan to continue with that.
State Your Needs
If you need to address child support or her legal fees, do it at this time. If you need access to any belongings or personal items still in the home, now is also the time to state that. And finally when everything else has been properly addressed, ask that the court dismiss the restraining order and that you be allowed to see you children--or whatever it is you have been denied. State that everything you have said is true and submit it from there.
Be Clear & Specific
In your letter, state the basics like the time and date and whether or not you were present at the hearing. From the very first make it clear you were falsely accused and that the testimony given was false and no true evidence was presented to back up the claims.
Rights Denied
Make a list of the rights you have been denied and what you are being accused of and how it affects your rights. Things such as your loss of your good name, your activities being restricted in regards to your child and other ways you have been affected.
Procedural Due Process
This is required although often ignored and you need to state that it needs to take place before your rights are taken away. This is backed up by the 14th Amendment and, in many states, by the Domestic Violence Protection Act. You have the right to a full evidentiary hearing before any of you rights are taken away from you.
Your Ex's Goals
Let the courts know what you believe your Ex's goals are in making the accusations. Submitting a parenting plan is an excellent idea. Let the courts know you have been a full partner up to this point in parenting your children and you plan to continue with that.
State Your Needs
If you need to address child support or her legal fees, do it at this time. If you need access to any belongings or personal items still in the home, now is also the time to state that. And finally when everything else has been properly addressed, ask that the court dismiss the restraining order and that you be allowed to see you children--or whatever it is you have been denied. State that everything you have said is true and submit it from there.
