What You Need to Include in a False Allegation Restraining Order Rebuttal

Developing a well written rebuttal is one of the bestrights are taken away. This is backed up by the 14th
things you can do when issued a false allegationAmendment and, in many states, by the Domestic
restraining order. It helps you keep a clear head andViolence Protection Act. You have the right to a full
document everything. The first thing you will want toevidentiary hearing before any of you rights are
do is get a copy of the transcript from the hearingtaken away from you.
so you know exactly what took place. Then youYour Ex's Goals
begin your appeals process.Let the courts know what you believe your Ex's
Be Clear & Specificgoals are in making the accusations. Submitting a
In your letter, state the basics like the time and dateparenting plan is an excellent idea. Let the courts
and whether or not you were present at the hearing.know you have been a full partner up to this point in
From the very first make it clear you were falselyparenting your children and you plan to continue with
accused and that the testimony given was false andthat.
no true evidence was presented to back up theState Your Needs
claims.If you need to address child support or her legal
Rights Deniedfees, do it at this time. If you need access to any
Make a list of the rights you have been denied andbelongings or personal items still in the home, now is
what you are being accused of and how it affectsalso the time to state that. And finally when
your rights. Things such as your loss of your goodeverything else has been properly addressed, ask
name, your activities being restricted in regards tothat the court dismiss the restraining order and that
your child and other ways you have been affected.you be allowed to see you children--or whatever it is
Procedural Due Processyou have been denied. State that everything you
This is required although often ignored and you needhave said is true and submit it from there.
to state that it needs to take place before your