So, my fiance's ex-wife filed an Order of Protection in another county 200 miles away claiming that he physically abused & threatened her July 11. :rolleyes:
My fiance' recieved the Order of Protection; (in which she also included their 3 year old son and filed temporary custody) via certified mail where he is employed, in which the employer signed for.:(

Clearly she decieved the judge and flat out lied to obtain this order. The court automatically set a hearing for the 26th of August. :mad:

:confused:Now my series of questions is;

Is that a valid order of protection since it was not seved in person?

Second, we how do we prove to the judge that her alligations are false? (As he did not call her on the 11th & was over 200 miles away) Is there papers that need to be filed, if so what would that be?

We are both planning on attending the hearing and most likely my fiance will go pro se, -as there can not be anyway she can prove this unless she gets someone to flat out lie for her, as she clearly did to the judge.

We are certain that this is most likely going to continue into a custody battle.

This is new to us both and we are residents of Maricopa County and she filed in Apache County, leaving us out of the loop; so to speak.
So thank you for your time and any sort of helpful information will be greatfully & extermely appreciated! :)

Your fiance really should hire an attorney, just to make sure that his rights are upheld.

I'm assuming that the Judge issued a temp order, which will last until the hearing. If his ex did NOT have any real proof, your fiance should definately get an attorney.

If he can produce as much as a reciept, or have a neighbor or co-worker testify that he was somewhere else, you can get this thrown out.

This is what happened to someone in my state that pulled that same stunt.

http://www.middletownjournal.com/search/content/oh/story/news/local/2007/08/03/hjn080307perjery.html

The court files:

http://www.butlercountyclerk.org/pa/pa.urd/pamw2000-o_case_sum?42328755


Summary: She commited perjury in gaining a restraining order and custody, was convicted, and was sentenced to three years in prison.



Good luck to you

I live in So Cal, but visit my mother often in Phoenix who is very ill. My younger brother who lives nearby filed an Order of Protection based on false allegations because he was caught stealing by me at her home while my mother was hospitalized and my concern is, can I be arrested? What are my chances of having this removed without an attorney. His wife backs his allegations of phone calls I never made to him and is angry over us calling the police when she beat him up and both have physically threatened me and harass my 16 year old son as well. I have not been served yet, an attempt was made, and I found out about the POP after some online research after returning home. I take care of my mother, he avoids me, he keeps his distance from her as well, except to make false allegations and wants her to side, and things are already stressful for her and I. Things work differently in So Cal. Can I file one myself? Help-----

Thanks!

Please post your own thread so this can get the attention you need. I'm not familiar with CA laws but there are other's here that are but they have to know about the thread to respond to it. The only reason I found this was because I had responded to the original poster in the thread.

Go to the main page of AZ family law (actually go to the main page of CA law or family law since this pertains to CA and not AZ where you've posted this) and start a new topic.

As for allegations, they have to prove what they are saying is true. For example, if you have phone records that show no calls took place, it would prove they are making things up. Even then, right now it's a he said/she said situation as both of you have the same amount of witnesses.... unless somehow they can prove what they are claiming, the case seems weak.

Good luck!

Thanks. Actually, it does pertain to Arizona; I neglected to mention that is where my brother resides and where the order of protection was filed. I will repost my thread. Appreciate the guidance.