Asked on Apr 04th, 2015 on Criminal Law - Maryland
More details to this question:
My ex-girlfriend notified me that I will be served a temporary restraining order in a matter of days. This is a result of a heated conversation that she and I had via text where I was primarily at fault. I will admit I was verbally abusive but I never made any statements of harming her in any way. I'm afraid that the text messages alone will be enough to grant my ex-girlfriend a restraining order. I am currently a grad student majoring in cyber security and I do not want this to go under my permanent record as it will hurt my reputation and career search. How can I fight this?
In order for a temporary protective order to be granted, an applicant must make a preliminary showing to a judge that a threat of physical violence or actual violence has occurred. You are not there yet. I can appreciate your concerns but based on the facts that you stated, it is unlikely a temporary protective order will be granted. however, you should be very careful in what you say or do with your ex-girlfriend so as to minimize the chance that a temporary protective order will be granted. If it is, you will have a right to a hearing in front of a judge with an attorney of your choosing. You will be allowed to contest the case and present evidence in your defense. If you have further questions, please do not hesitate to call me.
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