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Thread: How do I appeal a restraining order? New Mexico

  1. #1

    Default How do I appeal a restraining order? New Mexico

    My ex-girlfriend filed a restraining order against me and we went to a hearing. But when I was in court, I didn't realize that I was agreeing to the alleged charges against me. I thought I was only agreeing to the visitation and the child support. What I want to know is...Is there a way to to dispute the alleged abuse she made against me? I don't want to modify the visitation or the child support, I just want to dispute the claims against me. I am not sure how to file an appeal or is it a modification to the order. How do I go about it?
    If someone has any suggestions, please let me know. I don't know if there are any time constraints on the order. Thanks

  2. #2
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    Quote Originally Posted by Notinformed2006 View Post
    My ex-girlfriend filed a restraining order against me and we went to a hearing. But when I was in court, I didn't realize that I was agreeing to the alleged charges against me. I thought I was only agreeing to the visitation and the child support. What I want to know is...Is there a way to to dispute the alleged abuse she made against me? I don't want to modify the visitation or the child support, I just want to dispute the claims against me. I am not sure how to file an appeal or is it a modification to the order. How do I go about it?
    If someone has any suggestions, please let me know. I don't know if there are any time constraints on the order. Thanks
    The restraining order is totally separate from any temporary custody and child support orders she may have gotten along with it.

    If she had just wanted to change visitation and child support, there would not be a restraining order involved.

    I don't understand how you were ok with agreeing to a restraining order when you have been notified that you can not contact her in any way.

  3. #3

    Default It's called a Rule 60(b) motion to set aside order

    Look up Federal Rules of Civil Procedure Rule 60(b). See if your situation fits any of the several reasons that allow a person to motion the court to set aside a bogus restraining order. It's not easy. You have to be able to prove that the order was procured unlawfully, basically. Reasons include: (1) lack of jurisdiction; (2) fraud (lying under oath to get an order for a corrupt, unlawful purpose); (3) void order (void for extrinsic fraud or lack of jurisdiction). Rule 60(b) motions must be filed w/in a year of the filing of the order, in Hawaii and under the federal rules. Most state have similar rules using the same Rule Number.

    You can also check your local Family Court Rules and see if there are other rules that allow you relief. Search the web for things like, "set aside restraining order [Name of your State]", or "modify family court restraining order, [name of your State]". Stuff like that. Often, the order you got will state in it that you can move to have it modified at any time. In the motion to modify, ask that all restraints between you and the child be removed. Or you can do an Order to Show Cause for Relief After Order or Decree. You do a motion to get an Order to Show Cause that's served on your ex. She has to then come to court and show why the existing order should not be modified as you request (i.e., to allow telephone calls to discuss the child, etc.).

    Good luck.

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