Assault & Battery voiding order of protection due to fulse accusations.

[nean22]

how can someone void out a order of protection that had been put upon them under false accusations under the same time they filed one against them? the reason i ask is my friend and his wife separated about two months or so ago. they have three young children, and his wife left him for another guy leaving him with his kids. of course he has been trying to work things out with his wife but she wanted nothing to do with him and not very much with her kids either so he filed for divorce. once she found out i was hanging out with him she had barged in to his house to 'use the bathroom' getting in my face like she was about to hit me and goes to the bathroom. her three children where in the same room. my friend then asks me to go into another room and he closes the door. i can hear her charge to the door to come at me. he had politely asked her to leave and blocked her way in. she refused and started threaten him to move so she could beat me up. he told her to leave again and she then proceeded to hit and punch him while the children where right there. She then proceeded to call me 'colorful' names and left. More to the reason to my question is that on June 1st she had come by while both me and my friend where at work, and his brother was at his house. His brother had call him to let him know that his ex was here to pick up clothes for their kids since they where staying at her and her boyfriends place for a few days. He said it was fine and to let her in. how ever once she was in she had seen a few of mine and my daughters things, those things where there because he and I made agreement to have me move in to help pay rent with him. She then proceeded to cut up my daughter's clothes and other belongings, break a few tea sets that I had there as well since I was just starting to move in. his brother say what she was doing and call him right away while he was at work. Once hearing that she was messing up his place he quickly went over there to try and stop her. He told her to leave and she wouldn't she also had her two younger children there and then she the proceeded to jump him and hit him and scratch him up. He try to call the police but she told him to hang up. The police came by to see that he was cut up and that she was not injured in anyway. They asked her to leave and she left taking the kids with her. I found out about my daughters things and called her leaving a message that 'what she did to my child's things was very child like and that I took what she did as a threat to my child and I do plan to go to the police about this' as you can tell I was super unhappy and also want to make note I never once threaten to harm her in any way shape or form, I'm not the type of person to ever hurt or try to conflict and harm on anyone. I just call to express how upset I was, even though I shouldn't have. He then filed for order of protection against her for what she did. She how ever set one up as well and stating a lot of false information that wasn't true about things that never happened nor said about him and i. please let me know what he can do to void this out, she has his three kids, and acting like she has been, there has been more abusive behavior (both physically and mentally) that she conflicted upon him in front of their kids. He also has several witnesses including the police and has police reports on her. and is deeply worried about their well being. I know i shouldn't be asking and that he should but he is having me ask on his behalf. sothank you!

 

[army judge]

how can someone void out a order of protection that had been put upon them under false accusations under the same time they filed one against them? the reason i ask is my friend and his wife separated about two months or so ago. they have three young children, and his wife left him for another guy leaving him with his kids. of course he has been trying to work things out with his wife but she wanted nothing to do with him and not very much with her kids either so he filed for divorce. once she found out i was hanging out with him she had barged in to his house to 'use the bathroom' getting in my face like she was about to hit me and goes to the bathroom. her three children where in the same room. my friend then asks me to go into another room and he closes the door. i can hear her charge to the door to come at me. he had politely asked her to leave and blocked her way in. she refused and started threaten him to move so she could beat me up. he told her to leave again and she then proceeded to hit and punch him while the children where right there. She then proceeded to call me 'colorful' names and left. More to the reason to my question is that on June 1st she had come by while both me and my friend where at work, and his brother was at his house. His brother had call him to let him know that his ex was here to pick up clothes for their kids since they where staying at her and her boyfriends place for a few days. He said it was fine and to let her in. how ever once she was in she had seen a few of mine and my daughters things, those things where there because he and I made agreement to have me move in to help pay rent with him. She then proceeded to cut up my daughter's clothes and other belongings, break a few tea sets that I had there as well since I was just starting to move in. his brother say what she was doing and call him right away while he was at work. Once hearing that she was messing up his place he quickly went over there to try and stop her. He told her to leave and she wouldn't she also had her two younger children there and then she the proceeded to jump him and hit him and scratch him up. He try to call the police but she told him to hang up. The police came by to see that he was cut up and that she was not injured in anyway. They asked her to leave and she left taking the kids with her. I found out about my daughters things and called her leaving a message that 'what she did to my child's things was very child like and that I took what she did as a threat to my child and I do plan to go to the police about this' as you can tell I was super unhappy and also want to make note I never once threaten to harm her in any way shape or form, I'm not the type of person to ever hurt or try to conflict and harm on anyone. I just call to express how upset I was, even though I shouldn't have. He then filed for order of protection against her for what she did. She how ever set one up as well and stating a lot of false information that wasn't true about things that never happened nor said about him and i. please let me know what he can do to void this out, she has his three kids, and acting like she has been, there has been more abusive behavior (both physically and mentally) that she conflicted upon him in front of their kids. He also has several witnesses including the police and has police reports on her. and is deeply worried about their well being. I know i shouldn't be asking and that he should but he is having me ask on his behalf. sothank you!

The order of protection will keep them BOTH away from each other.
She has to adhere to the orders dictates, just like he does.
If there are custody issues, they can arrange to drop and receive the children at a nearby police station.
In the interim, I would suggest leaving the order of protection in place.
Don't worry about her reasons (truth or lies) for seeking the order of protection.
Some people get mutual orders of protection.
He should just obey what the order directs him to do, and he won't have any trouble with the order.

If he still wants i he order lifted, he might want to speak with an attorney to attack the order's sanctions.

 

[matt55]

You spelled the word 'false' wrong.