What can I do if there was a fraudulent restraining order filed in a different state? 3 Answers as of June 30, 2011

What can I do my baby mama filed a restraining order against me in NY and i'm in NC. She was mad because my daughter wanted to come down here for the summer. So now i can't even talk to my daughter and the court date is not till Dec 17th. What can I do?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
You state that your "baby mama filed a restraining order against me in New York". That is not what happened. The judge issued an order of protection in either Domestic Violence Court, Family Court, or Criminal Court. It is a temporary order of protection, and it will be in effect until the December date (which makes me think it's not criminal court because you would have been present ad the adjournment would be within a month. You should retain an attorney in New York to get it changed to a non-offensive order or go to Family Court to get visitation. If she lied to get the order and it involved perjury she can be arrested, but otherwise the Court just takes her word until the hearing. I handle such matters for a $2,000 retainer. Feel free to call for a consultation.
Answer Applies to: New York
Replied: 6/30/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
If we were your attorney we would bring an emergency order to show cause to advance the court date. You need to discuss the details of your case with your attorney. If you do not have an attorney call us toll free for a no cost, no obligation phone consultation.
Answer Applies to: New York
Replied: 6/28/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You should hire an attorney in NY to try to vacate the order of protection and to try to get the court date changed to an earlier date.
Answer Applies to: New York
Replied: 6/28/2011
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