Legal Question in Family Law in Arizona

Retalitory restraining order

The day after an AZ process server attempted to serve my son-in-law's ex-wife with court documents to address visitation and child support issues, the ex-wife had a restraining order issued based on lies (she said ex-husband went to her place of employment and caused scene - he has proof that he was at work all day (his boss and co-workers are willing to sign notarized affidavits) and other evidence (truck GPS print-out). Can we subpoena her employer's surveillance tapes which also prove ex-husband was not there; and subpoena her lying co-worker to appear at a hearing? How do we address restraining order when based on lies (ex-wife pathological liar)?


Asked on 10/01/07, 4:48 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Retalitory restraining order

You cite two different states, which makes the answer difficult.

If the R.O. and workplace are both in Arizona, you can subpoena the workplace tapes there. You will have to have an AZ attorney help with this to get it right. The AZ court is not going to sit through eight hours of tape, though, so you should probably have a good idea of when it occurred.

Affidavits may or may not be accepted in the hearing, if it is in AZ (they would PROBABLY be accepted here, though a live witness is better). You should again consult an AZ attorney.

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Answered on 10/02/07, 3:34 pm


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