Because of a soon to be contested custody issue, I was served with an ex-parte temporary restraining order. Upon reading about ex-parte restraining orders, they appear to be granted liberally.
I have no legal record of any kind, and there is no documented history of abuse, injuries, threats of imminent harm, etc. Concerning the affidavit, it is grossly exaggerated and some parts include lies. It seems as though it was granted because the petitioner simply alleged fear.
Anyway, I hired a fairly high priced family law attorney; however, he does not seem particularly interested in what I would consider “good evidence” to defend myself. I believe I have documented evidence that will point to many inconsistencies in the affidavit, evidence to point to a lack of meeting the legal standard, and evidence to point to significant ulterior motives.
My attorney mostly just says “relax, you have a good lawyer. You don’t want you to worry about anything.”
Is this typical? He does not even know the full scope of the issue, how to refute the affidavit, what concrete facts prove ulterior motive, etc. Am I over thinking this? Is this simply a matter of appearance and believability when speaking to the judge? Or is it simply a matter of if the petitioner wants the TRO extended and there not being much defense because it’s simply a preponderance of the evidence? For those with legal experience, what is the best defense in a situation like this?
Thank you all.