How do you prove that the accusations in a restraining were lies and have it lifted?

Answer 1

It is true that some individuals feel they are being stalked by another individual when that may not be the case at all (it's a gray area .. example: If a young man/woman is lovesick over the other and they are shy and simply being in the same place the other person is this is really not considered stalking. If a Restraining Order was given then the courts must have found probable cause that the person was indeed stalking. If the individual was not stalking then this is what they can do (it won't be easy) Where you can appeal a protective order depends upon the state, but generally any legal decision can be reviewed by a state appeals court. This can be a tall order because the standard of review in an appeals court is "clear error." The appeals court will reverse the lower court's decision only if the court finds that the lower court misapplied the facts to the law or wrongly applied the law. While the appeals court is the normal place for most appeals, in West Virginia either party may appeal the protective order decision to the circuit court, according to the Supreme Court of Appeals of West Virginia. To persuade the court to overturn the order you will need to bring your evidence and prepare your statements. You can also seek out legal counsel on your behalf.