Legal Question in Family Law in Arizona

Fraudulent restraining orders

My husbands ex-wife has filed a restraining order against me (his current wife) stating that I am Potentially dangerous to their son. I don't know what to do. I have never been through anything like this. I don't know if there is anything I can do. If I go with my husband to see his son, I run the risk of being arrested. I have two children of my own from a previous marriage. Where can I go to find information to help me with this.

Thank you,

Anamarie


Asked on 7/25/02, 7:59 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Fraudulent restraining orders

Thank you for your inquiry.

Your remedy in this situation is to ask for a hearing from the court that issued the Order of Protection. If you request it, the judge must hold a hearing to give you the opportunity to testify and to ask questions of your husband's ex, plus any other witnesses who might be helpful.

In the meantime, while the order is in effect, you are legally bound to obey it, and violating the order can have serious legal consequences.

I hope this information is helpful.

Monica Donaldson

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Answered on 7/25/02, 8:47 pm


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