What evidence is admissable in a restraining order hearing? SERIOUS domestic violence issues?

Question by Holly Golightly: What evidence is admissable in a restraining order hearing? SERIOUS domestic violence issues?
This has been the longest 4 days in the history of time for me!! My dearest friend is in turmoil. She was recently granted a protection from abuse order for both herself and her son against her ex husband, as the ex did not show up for his hearing. The ex has since requested a new hearing, or to vacate the order stating that she made up all the abuse alleged.
In his affidavit he states that
A, He never contacted her except via email, and that all his emails were respectful, and any bad ones she clearly forged.
B. He has never been convicted of domestic abuse
C. The only reason she got the order was to block him from access to his son

My friend and I have now gathered the following
1. All of her phone bills from the last year detailing hundreds of phone calls and text messages coming from him
2. A copy of his court records from his 2 assault convictions on her, and a letter from his former probation officer.
3. ALL of the emails in the past where he was either abusive, threatening, or simply just cancelling his visitation
4. A timeline of times where he would set up a meeting time, and then not show up to pick up his son, and then harass her via phone and text. This is backed up by the phone records
5. Notorized letters from witnesses, detailing the ex’s repeated no shows, and how he has in fact not shown up for a visitation in over a year.
6. An email from the ex himself, saying his reasons for not taking time with his son was due to money (then he asked to borrow money)
7. A statement from her husband, who had worked to reintagrate the special needs child with his father, the husband witnessed the ex husnband verbally and physically abuse the child
8. Documentation from childs therapists detailing the results of said abusive acts
9. Letter from Childrens services stating that they “substantiate physical abuse” with the ex husband as being the perpatrator
10. A letter from the Domestic Violence services group that helped her with shelter and safe planning 3 years ago supporting continued protection from this man. FYI, the abuse and harassment resumed as soon as the first order expired. My friend did not make it to court to get it renewed as she was in the hospital delivering a baby.

I know I am beating this issue to death, but her son is autistic, and her ex is vile to him. Shaking him for exhibiting repetitive movements, and calling him “retard” and “freak”. This man has beaten her physically, mentally, and her spirit is almost gone. Please, someone tell me this man will not stand a chance.

Does he stand a chance of getting this order vacated? The other issue is even if he gets another hearing date, she cannot go as her work has her travelling during the week for the next 4 months.

I think I am lookign for reassurance, and guidance, and prayers
Its not that she just can’t get a day off, she has already TAKEN a week off for this just a month ago, and her ex did not bother to show for the first hearing. At this point, she has burned any and all time she has, and she is buried.
How can her ex just fail to show for a hearing, and then get another one? It is obvious he is just using this as another control tool

Best answer:

Answer by passion pour la cuisine
Let the Judge review everything you have gathered. Any forms of contact are admissible, to the best of my knowledge. There may be an exception with audio recordings, but that should be left up to the Judge (if it is clear who the parties are in the recording, if he admits it is his voice, and especially if it is a 911 dispatch recording, etc., there should not be a problem).

Of course, it is ultimately up to the Judge after review of all the facts and evidence to renew the order, but I do not see that happening if she does not make herself available to be present at the hearing, or at a minimum hires an attorney. She is requesting the Court issue an order of such a serious nature and cannot make herself available because of ‘work’ does not make sense to me, no matter the reason.

Tell your friend to talk to her employer … as serious as her situation sounds, she really must attend the hearing. If she absolutely cannot work it out, she needs to seek the advice of an attorney. An attorney may be able to get the hearing rescheduled (highly unlikely the Court can/will set it out 4 months just to accommodate her ‘work’ schedule though), or make arrangements for her to appear by telephone (not sure the Judge would agree to this considering the nature of this matter).
.

What do you think? Answer below!