My question involves restraining orders in the State of: MN
Hi,
There was an incident that involved me preventing my son from being hurt while my soon to be ex-wife were forcing him out of the car during my parenting time. In the civil court, my testimony was not found credible and the restraining order was issued against my wife but not children. In meanwhile, the prosecutor dropped all charges including domestic assault in the Criminal court for the same incident. I would like to request to vacate the Order for Protection in the civil court based on the fact that there was no criminal act found in Criminal court. How to formalize this? Is this considered "collateral attack"? From the following subd. of MN Rule, what should i reference as the most appropriate:
(a) Mistake, inadvertence, surprise, or excusable neglect;
(b) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial pursuant to Rule 59.03;
(c) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(d) The judgment is void;
(e) The judgment has been satisfied, released, or discharged or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
(f) Any other reason justifying relief from the operation of the judgment.
http://ift.tt/1BNHlMi
What are the legal terms(the keywords) of my intention? Any help is much appreciated. Thank YOu
Hi,
There was an incident that involved me preventing my son from being hurt while my soon to be ex-wife were forcing him out of the car during my parenting time. In the civil court, my testimony was not found credible and the restraining order was issued against my wife but not children. In meanwhile, the prosecutor dropped all charges including domestic assault in the Criminal court for the same incident. I would like to request to vacate the Order for Protection in the civil court based on the fact that there was no criminal act found in Criminal court. How to formalize this? Is this considered "collateral attack"? From the following subd. of MN Rule, what should i reference as the most appropriate:
(a) Mistake, inadvertence, surprise, or excusable neglect;
(b) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial pursuant to Rule 59.03;
(c) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(d) The judgment is void;
(e) The judgment has been satisfied, released, or discharged or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
(f) Any other reason justifying relief from the operation of the judgment.
http://ift.tt/1BNHlMi
What are the legal terms(the keywords) of my intention? Any help is much appreciated. Thank YOu
Termination: Vacate Restraining Order
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