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Domestic Violence Dealing with abuse and violence. Getting support and help.

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Old 06-24-2013, 09:25 PM
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Default Protection order - false allegations

Has anyone out there had any experience getting a protection order lifted? My ex put one on me a few months ago, a few days after I had her served with a notice of family claim. The accusations were false, unfounded, and I was able to speak to that with an affidavit I wrote proving (with many exhibits, and her own email correspondence between her and her lawyer - which were entered into evidence with the protection order) that she was lying and trying to further her claim on the house we own together effectively keeping me from the property, and not allowing me access to maintain it, as i have always done. Thus portraying me as not contributing to our shared asset. I want this order overturned. how can i do this without a lawyer? what steps can i take? I have thought that if she is unwilling to lift it that I may launch a civil suit to regain my freedom to travel internationally. Can anyone help me?
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Old 06-25-2013, 12:51 AM
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I'm not a lawyer - but if the protection order was issued due to a filed police report, then the best thing for you to do is go to court and plead your innocence.

Keep in mind that even if your ex-spouse is willing to drop the charges - the prosecutor will probably go forth with the case if he/she feels that there is ample evidence against you.

You have not given enough detail as to what you were actually accused of? Do you have any prior convictions? You say that you are willing to launch a civil suit? That would be difficult to do without a lawyer.

Bottom line, if you are serious about fighting this, you should hire a lawyer.
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Old 06-25-2013, 01:21 AM
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there was no police report, no violence, and she was rejected by the judge the first time because she didn't have a strong enough claim. The second time she amended her affidavit and claimed she felt "scared" when i came onto the property. she admits in the affidavit that i have never physically harmed her. Her affidavit was full of "i felt" "i thought" and apparently, just "feeling" that way is enough to get a protection order here in bc. it's ridiculous. i have no police record, have never been arrested, am well liked in my community, and she has been telling anyone who will listen about the protection order. I live in a small town and am self employed. it's really hurting my business. I need it overturned.
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Old 06-25-2013, 02:23 AM
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pokeman has a little shameless behaviour in the past
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doesn't it expire after n (90) days ?

if so focus on the challenge ahead , get yourself a great lawyer - one that another man recommends - don't get Sally's lawyer cause Sally cleaned her guy out cause they might just lay down and let you get cleaned out.

I don't see where kids are involved, good lawyer should get you 'near' your 1/2

even if there was a formal reversal of the protection order the damage is done, just hold your head high and get on with life best you can - your not alone with how injust the justice system can be

best of luck
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