Recently, I had a restraining order filed against me by April Marie McClellan (05/09/1985).  It was totally unjustified, as I never committed an act of domestic violence against her.  She did it as a part of a plot to get out of paying me a large sum of money she owes me, and I took it to court.  I am not the kind of person to just let someone ruin my name or reputation, especially someone like April, who is a compulsive liar and a devious person.

Here is what I learned:
 

• You have a RIGHT to defend yourself and clear your name.  You will need to go to the court and file a written request for a trial.  It is a simple and easy process.  You should do it, however within 10 calendar days, otherwise it will be assumed that you do not want to dispute it.  At the hearing, the judge will ask you why you should not have the restraining order.  I am a certified teacher, and I let the judge know that teachers are under extreme scrutiny.  It would only take one person at a board meeting to mention the restraining order, and I could lose a teaching job.  Your reputation is a valid reason.

• You have a RIGHT to have witnesses present.  If the people you want to appear will not come, you can get a subpoena.  It forces them to either be in court or go to jail, unless there is a reasonable cause for them not to be there.  It is free and the courts can have their officers serve it for you without cost.  Bear in mind that if you lose, they may charge you the court fees.  You want people there who can attest that you are a peaceful person.  You will also want people there who saw your accuser on a regular basis and can attest that they never saw an signs of violence.  Written statements will not do, they are considered as hearsay.  Go over testimony with your witnesses.  Let them know what you want them to talk about well in advance.  If necessary, remind them of the events that prove that you are a peaceful person.  This is perfectly legal and will make a stronger case.

• You have a RIGHT to have evidence of your innocence.  April claimed that I had been calling her and harassing her.  So, I was able to get a subpoena to get her telephone records for the time period in question.  Some companies may try to tell you that they will only release records to police or the courts.  But they have to release them to lawyers as well.  Since you are defending yourself, you are a lawyer working "Pro se".  They cannot deny you.  If the company is out of state, it might cost you to get it served, but call and ask for the legal department.  Often they will allow you to serve a summons by fax.  Keep in mind that they must notify the person whose records you are trying to get, and they could file for an injunction.  April did not know this, so she never did.  If your accuser has a lawyer, you should expect this.  They have to give the person about 3 weeks to respond.  In Arizona, the hearing is supposed to be within 10 days of the written request.  If that will not give you time to prepare your evidence or gather witnesses, you can ask the for a continuance: basically a later court date to give you time to prepare.  April got a continuance over the phone, so that is easy enough.  I even filed a subpoena for her boss to bring in all of April's incoming call records.  It wasn't able to be done, but was not crucial evidence.

• Bring in as much evidence as you can.  I had stacks of e-mail messages where April admitted that she had a problem lying.  I had email showing that during the time in question, we had an amicable (friendly or peaceful) relationship.  I brought in messages that showed that she was not afraid of me.  You will need to present this as evidence and the court will keep it, so you may want to have more than one copy.  Your accuser will have an opportunity to see any evidence before it is accepted.  They may try to say that what you have is fake, so be sure that everything you bring in is as original as possible.  For example, do not copy and paste email into one file. Instead, print out each individual e-mail in its original form.  I brought in a copy of our contract, a credit report, and credit card statements to show her motive for filing the order was to bilk me out of money.

• Know the law.  I spent time researching all of the Arizona Revised Statutes concerning a restraining order, and it paid off.  I found the statutes on the web at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp.    You can search for phrases and even Chapter by Chapter.  Chapter 13 deals with domestic violence and orders of protection.  One of April's claims was that I hacked into her e-mail and sent messages.  While this was not true, there was no legal definition of domestic violence that included electronic communication.  Therefore this claim had to ignored.

• Stay calm in court.  Your accuser claims that you are capable of violence.  If you get easily aggravated or excited, then you will only prove to the court that this is true.  When you are falsely accused, it is easy to be angry, but stay focused and do not let anyone or anything cause an outburst.

• Your accuser will have the opportunity to present testimony, then you will have the opportunity to ask questions.  Be prepared.  I had four pages of possible questions that I could ask her.  Stick to yes or no questions.  You only want to ask questions that you already know the answer to.  Never ask why.  (Ex: Did you yell at the Wal-Mart clerk?)  It is a good opportunity for you to have the accuser build your case for you.  If your accuser brings any witnesses, you will have the chance to question them too.  Bring a note pad and take notes, so you can ask them questions as well.  If you know that their stories will not match up, you can "Invoke the Rule".  What that means is that only one witness at a time can be present while giving testimony.  The others will not be able to hear the testimony given and will be less likely to give the same story.

• Finally, you will have a chance to present your side of the case.  I had a written statement prepared, that I went over a dozen times before the hearing.  Your accuser can ask the judge for a copy if you use a statement, so be prepared for that possibility.  Once you give your statement, you accuser can try to rebut (or prove wrong) any testimony you gave.  Know the facts and stick to them.

• At the end, you will give your closing statement.  This should be prepared in advance as well.  In this statement, you need to ask the judge to do something: quash the restraining order.  Remind the judge of all the evidence you presented, and make it clear that you pose no threat to the safety of your accuser.

I hope all this information helps.  The restraining order was dropped against me, and now there are court records that clearly show that April is a compulsive liar.  It will stay with her the rest of her life.  Justice can be served.

I also filed a civil lawsuit against her, and should be able to collect on that as well.