QUESTION
I was given an Order on Petition Harassment Restraining Order yesterday will hold up in court?
Asked on Apr 16th, 2013 on Personal Injury - New York
More details to this question:
The person who wants this was considered a very good friend to me, and now she's doing this. We had a fight on Facebook last week, it ended on Friday and she then went to file this paperwork. She began calling me names and telling me that I would not be a good teacher or parent (I asked her to write me a recommendation letter for a Master's Program in Special Education, and we had used her as a reference for foster parenting) and it escalated from there. I defended myself. Then I found out yesterday that she was calling my bosses and also the licensing officer for foster care. First of all, I want to know if she even has a case, and what can I do to defend myself against these accusations?
6 ANSWERS
Ronald A. Steinberg
Get a lawyer. She may be committing a bunch of civil torts, and perhaps even some criminal acts.
Answered on Apr 24th, 2013 at 3:42 PM
Thomas Edward Gates
She will need to show a continual pattern of harassment to get the restraining order. You can use her messages against her to show that you are the one being harassed. Have a lawyer write her a letter that she needs to stop defaming you or else you will sue her.
Answered on Apr 18th, 2013 at 2:23 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Don't have any idea what you are talking about. Social network? I don't know the document you refer to. Is it on some printed form from a duly authorized court in this state?
Answered on Apr 18th, 2013 at 2:23 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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She has only obtained a temporary restraining order (TRO). If she served you the papers, you have the right to file a written opposition under oath and to appear at the hearing, which is typically set within 15 days of the day she got the TRO. Read the papers. It should tell you the deadline to file your opposition and the day to appear at the hearing. If you don?t oppose this, she might be able to get a permanent restraining order (an injunction) for up to 3 years. Take this seriously and defend yourself. Without the details of what she has alleged I cannot tell if she has any chance of success. While TROs are virtually automatic, getting the permanent order is not so easy and she has the burden of proof. While you can do this on your own, you might want to hire a lawyer, at least to get some advice on how to respond. Make sure the lawyer that helps you has experience at dealing with these. You can have an attorney appear with you at the hearing.
Answered on Apr 18th, 2013 at 2:23 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You state that you were given a court order. That means that it already has held up in court. Your lawyer probably explained this all to you before you went to court. Or didn't you have one? If that's the case, then this is what happens when people are too smart to get lawyers when they need them.
Answered on Apr 18th, 2013 at 2:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Call an attorney, you may want to take some legal action.
Answered on Apr 18th, 2013 at 2:22 PM