Can incorrect information void a restraining order in court?
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Can incorrect information void a restraining order in court?
My ex-grilfriend recently filed a Temporary Restraining Order against me.
In the order she said that I harassed her at a time when I was nowhere near
her. This can be proved. We have a court hearing soon, would this in
anyway affect the validity of the restraining order. Thanks
Asked on January 15, 2017 under Criminal Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you can prove in course that the basis for her requesting the order is false, then yes, the order can be voided. You say it can be proved that you did not harass her: if that means that you have documentary proof (such as that you were elsewhere at the time) or the testimony of impartial witnesses (e.g. not friends of yours, but say servers at a restaurant you were then at, or coworkers), you should have a good chance of getting the order dismissed.
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