QUESTION
What proff do you need to have when going up against a restraining order? Is text messages, call logs and witness enough for John?
Asked on Oct 18th, 2011 on Civil Rights - Minnesota
More details to this question:
May ''11 My friend (John) had a domestic dismissed, but plead guilty to disorderly conduct. Since then he has been in contact with his ex girlfriend (Kara) for they have a child together. Since then they have called, text and even met up and talked about their feelings. There was a couple times where John has even gone into the apartment to see and hang out with his child. Pictures of that as well. Everything was going fine until Kara had seen John come out of another females house on the same property. Since then he was served with no tresspassing, and now with a restraining order, stating Kara is in fear of him. He has text messages, incoming/outgoing call logs from Kara over the last couple months. He has since filled out the papers to have a hearing which will be next wk. Is the call logs/ text messages enough for John to lift this restraining order? What other things should he have when going to court?
1 ANSWER
William/J Joanis
He needs to show that there have been no physical threats in the recent past. The amount of time since the domestic is crucial. May is pretty recent. The on-again off-again romance is not unusual or significant. The question is whether she fears for her safety and there have been event to support that. He needs to be calm and not a hot head in court and look respectable. I would say he has an up hill battle. He should stress his love for his child and the need for parenting time. It is significant if she included the child in the order.
Answered on Oct 23rd, 2011 at 6:07 PM