Last October, before I had joined Jurisdictionary, petitioner won a restraining order. At the hearing, we did not know that there was prior ex parte testimony from him and that most of it was pure falsity!(fraud, false statements, false swearing, lies, ...his imagination ran rampant!) This information never made it into the petition we were served.

We appealed but didn't know what we were doing and obviously were not successful.

Now, approaching expiry of the original 1 year court order, petitioner has made a "motion for restraining order review", and his imagination is, once again, running rampant with a diatribe of falsities and exaggerations. He states we should be in jail!

This is totally absurd, as we have followed the court order for this past period of time. But we are going before the same commissioner who was bamboozled by the petitioner before and bought his arguments but bought none of ours.

What do I file against his motion? A memorandum in opposition? A motion to set aside / vacate the court order? A motion to dismiss his motion?

A little confused. Thanks for any input.
* Last updated by: JOSEPH36 on 8/10/2018 @ 11:44 AM *

Unless your state allows a "review" the prior order is res judicata. I cannot tell you what to file, as that would be giving "legal advice", however you know from my course the time for appeal has long ago tolled, and another "bite at the apple" should be denied. Motions seek orders. Memorandums merely say what the law is. Why not both?

Thanks for your input. Good points! It's been awhile since the hearing but I recall I did file a motion in opposition and we had successfully complied with the court order for a year and there was no new evidence of harassment so we won! I think my state does allow a review but I think the time for it had tolled.