Can false allegations be grounds for restraining order? 14 Answers as of November 05, 2012

My boyfriends ex-girlfriend claims I have threatened her life and doesn't want their child around me during his court ordered visitation. Their daughter has latched on to me and her mother hates it. I love my boyfriend but don't want to stand between him and his daughter. Does she have grounds to file a restraining order to keep me away from the child?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Melvin Franke | Melvin Franke
She can file, the question is does she have the believable evidence to win.
Answer Applies to: Missouri
Replied: 11/5/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
A personal protection order on behalf of the child would have to show that you were harassing the child. She could move under the custody/parenting time order to prevent you from having contact with the child. Any such attempt would only be granted after hearing unless she could show an immediate and irreparable harm to the child.
Answer Applies to: Michigan
Replied: 11/2/2012
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
False allegations are made to get injunctions every day in every corner of the country. The best thing to do is hire an attorney who is an aggressive litigator.
Answer Applies to: Florida
Replied: 11/1/2012
John Russo | John Russo
Yes, but it is your job to prove the allegations are false, why would you not want to. If someone accused you of murder and it was a false allegation would you say well I don't want to cause a big stink over this so I will just say, yea sure I did it. Makes no sense to me, she has to prove her allegations by clear and convincing evidence not an easy standard.
Answer Applies to: Rhode Island
Replied: 11/1/2012
Reza Athari & Associates, PLLC | Seth L. Reszko
I am not sure if this was a permanent or temporary restraining order. If it was only a temporary restraining order, you and your boyfriend will have an opportunity to testify before Court and show that the ex-GF is lying. I would recommend retaining private counsel to give you a better opportunity to win your case when visitation and custody can be very important. This firm offers free consultations and affordable payment plans.
Answer Applies to: Nevada
Replied: 11/1/2012
    Kevin Bessant
    Kevin Bessant | Kevin Bessant
    Although she can indeed file a restraining order against you, most courts will require that a hearing be held in which you will be given an opportunity to tell your side of the story so the judge can determine if the allegations made in the motion for a restraining order are accurate, and whether or not there are grounds to actually issue the ppo (personal protection order). If she does file for a restraining order, you will be given notice by the court to appear for the hearing. If she files an emergency ex-parte order, then even if the ppo is granted without you being in court, you can still file a motion to terminate the ppo against you. I would also suggest you speak with a criminal defense attorney in your area for further assistance with this matter.
    Answer Applies to: Michigan
    Replied: 11/1/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    She can file for a restraining order but that does not mean that she will get one. She has to prove that you have done something threatening to her and that it would be in the best interests of the child for you not to be near the little girl. From what you say, she does not have this kind of proof.
    Answer Applies to: California
    Replied: 11/1/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    She can try to get a restraining order by lying. The temporary restraining orders are fairly easy to get. If she does, then your boyfriend has to fight it. Easiest thing is not to be around when he spends time with his daughter. Otherwise, be prepared to fight. Restraining orders can affect job prospects, references, etc. so if one is issued, he has to fight it. She would have to file a civil restraining order against you not a family law one. Opinion only, not legal advice.
    Answer Applies to: California
    Replied: 11/1/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    No, she does not have grounds. The issue always becomes if she lies, will the court believe her. This is a very hard issue because there are a lot of people who lie and are not honest and the court is in a very difficult situation of trying to decide what did or did not happen.
    Answer Applies to: California
    Replied: 10/31/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Obviously she can file, but she probably won't succeed with nothing more than lies, but you will never know for sure until you hear what she actually says to a court in connection with asking for the restraining order.
    Answer Applies to: Colorado
    Replied: 10/31/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    In order to get a restraining order or PPO, the person would need to file a petition making specific allegations of conduct that threaten her or the child. You could respond or object to these allegations and a hearing would be conducted. It will be a question of fact for the Judge to determine. It is possible that an order could be entered just preventing any hostile conduct, but still allowing you to see the minor child.
    Answer Applies to: Michigan
    Replied: 10/31/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    if you want a lawyer to help with this, please call me. it is a typical, nasty situation.
    Answer Applies to: New Jersey
    Replied: 10/31/2012
    Blough Law Office | Janis L. Blough
    It's very difficult to prove a "non-fact," so all you could do was testify that "it ain't so" and it becomes a "she says" "she says" contest and who does the court believe? I suggest you back off and give your boyfriend time alone with his child for a few months. Later on, you might join them at a fast food restaurant with a play place of for ice cream or attend a school program or two with him where his ex can see you with the child and develop some trust for the situation (but don't overdo it, or she'll resent you more). Give everyone some room to adjust before inserting yourself back into the mix and things should work out. If there are really serious problems, you might suggest joint counselling, but that should be a last resort - if she's still resistant and you two are talking marriage or are married.
    Answer Applies to: Michigan
    Replied: 10/31/2012
    Attorney at Law | Michael P. Vollandt
    Just because she file one does not mean it will be granted. Jealous mothers are up to such kinds of tricks. It will be based on what the Judge thinks.
    Answer Applies to: California
    Replied: 10/31/2012
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney