Friend of mine has a RO against her from her ex BF (actually his GF filled it out, he just signed it), she is appealing it as it really makes it difficult to co-parent with him regarding their son, she has never done anything to threaten harm or similar to him, his current GF just absolutely hates her and they are trying to make it as difficult to co-parent on her as can be. I've seen the RO, and everything listed in it can be pretty much proven to be false allegations.

Womenslaw.org/minnesota

Thanks!

LOL Penguin is in a different state anyways.
Right now she can't afford a lawyer, she's looking at what the county has available for services to help also for free legal advice, but hard to do with her work schedule and not being able to take time off.

He has custody? That usually says something right there? I know it's not politically correct but the mother usually has custody, then the issue of making coparenting difficult becomes his problem. Something tells me there's a lot of this story you're not telling us......yet.

Nope, she has full legal and whatever the other one is called, physical I think. he only has visitation rights set by the court.

His new GF does not get along with her at all, I think there was still some past history and interactions happening between them when new GFcame into the picture, also new GF is only 21, hes 32, but he's letting her dictate a lot of what happens for parenting even though it's not her kid, and he's a spineless pussy that lets her. There is a lot to explain that I don't need to go into as it is not relevant to what I asked. My friend has enough proof through texts, to show that any contact she ever made was for the sake of parenting, his new GF has gotten between him and my friend in the past year to make it very difficult to just be adults and co-parent together like they should be per the court order during custody hearing, there are several lies in the RO that the new GF filled out against my friend. This is why she is appealing it, either the judge will drop it, or at the least have some addendums added to it to help co-parent for the sake of her son, that is all she cares about in this.

A TR is fairly easy to get.  There should be a trial down the road to determine if the TRO becomes permanent.   She will want representation.  At a minimum she needs to keep a record of every interaction, either by phone, in person, text or social media.

Went through something like this.  Judge/Master can order visitation in a court approved place.  Ex and I had screening to determine mental health which was court ordered.  Everything worked out for me so Good Luck!

ROs have to meet legal standards, which differ by state.  Typically though these standards are existing laws that fall under stalking and harassment laws.  In other words, a RO should not be granted unless the plaintiff can show a law was broken- being mean, rude, swearing, talking to friends, etc is not breaking the law and thus not grounds for a RO.

That said, the weight is put on the defendant.   Typically a judge won't bother to read or analyze the RO petition, they'll just grant it.

Anyone who is hit with an RO should, if not already granted, ask the court to not issue the RO until a hearing.

In either event, a hearing must be requested.

Then, the defendant can go point by point on the petition/complaint and show that each item does not meet the legal requirement.  

Arguing that it's all lies is a different matter.  The defendant would issue to the plaintiff an Order for Discovery asking for all documents, diaries, notes, phone records, etc. that "prove" their point.  This would be done before the hearing.

If the defendant can show that the petition does not meet legal requirements, or that the "proof" is immaterial or insufficient, then the judge should toss out the petition.

In most cases the laws upon which TRs are based (e.g., "harassment") use the word "intended"  (e.g., "intended to cause emotional trauma") and it's hard to prove intent.

Fact is, 90% of TROs should never be granted.  But they are.

Thanks Abom, I believe from what I've seen on MN laws, they will grant the RO when applied for, then if you want to appeal it you need to request an appeal before the judge, that is where she is at on this now, court date is for Aug 7th., hopefully the texts she has and whatever else she has come up with is enough to prove it's basically false accusation's on the RO to begin with, I'm pretty sure the judge will side with her or at least make some amendments to the RO in her favor. It's actually funny reading some of the reasons they listed on the RO as reasoning for the RO.