Legal Question in Civil Litigation in Missouri

Recently I received an order of protection filed against me by my fiance's ex-wife. The question I have is "If she signed the order with her previous married name and the order is in her maiden name is the order valid and can I have it thrown out when I appear in court if it is not??" And also how can I contest the order and win??


Asked on 7/09/10, 8:45 pm

1 Answer from Attorneys

Anthony Smith LawSmith

The best defense is not offense. Either the appliant (finace's ex-wife) does nto ahso up for court to provide information toshwo that you pose athreat to her. Or, you show that you pose no threat to her. If she made up things about you, then she has hte burden to shwo that they are true. If you did wha she alleges, then you may still be able to show that it was an isolated incidnent and you poso no threat. having an attorney represent you, may make the court less likely to issue an Order or Protection.

The fact that her name has changed, may affect the effectiveness of the the TPR but it can be easily fixed by the applicant at the hearing.

Good luck

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Answered on 7/23/10, 1:52 pm


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