Restraining Order Q&A

1. TALKING BACK to restraining orders Restraining Order Q&A DISCLAIMER: This page, which attempts to answer frequently asked questions (FAQ), is intended as a resource to those bewildered by the restraining order process and offered because attorneys rarely dispense information or counsel freely that they could bill for. The replies below are those of this blog’s author, whose knowledge of restraining orders and restraining order abuses is grudging and unqualified by any formal education in the law. I’m a writer, not an attorney. If in doubt, consult a licensed professional. restraining order abuse If you are the defendant in a restraining order case (that is, if you are the recipient of a restraining order), especially one based on false/fraudulent allegations: 1.Read the court’s order front to back so that you understand its restrictions and expectations to the letter. Be able to quote it from memory. 2.Immediately apply to the court for an appeals hearingif you haven’t already been assigned one. This will provide you with an opportunity to contest the restraining order applicant’s allegations and have the order quashed (that is, negated, nullified, canceled). You can do this by mail, by phone, or by visiting the courthouse. File a motion for continuance with the court to request a postponement of your appeals hearing to provide you with additional time to find and consult with an attorney (if within your means), gather evidence (which may include affidavits from witnesses), and prepare your defense. This is just a matter of going to the courthouse, explaining to the clerk what you’re after, and filling in a few lines on a form. You may even be able to do this by phone. Have your case number handy. The worst that can happen is that your motion is denied. restraining order Q&A 3.Request a copy of the restraining order applicant’saffidavit to the court. This is his or her written narrative explaining why s/he “needs” a restraining order. If you’re assertive, a clerk at the courthouse should provide you with a copy with some information redacted (crossed out), such as the applicant’s address. Knowing what the plaintiff has alleged against you is both your constitutional right and essential to your defense.

2. 4.Exploit any and all available resources to obtain the services of a qualified attorney, that is, an attorney both experienced with representing restraining order defendants and one you feel confident will represent your interests without reservation. Call around. Having an attorney speak on your behalf is your best bet of arresting a biased process that stands to exert a very detrimental influence on your future. Some respondents to this blog have reported paying thousands to attorneys who they felt ultimately sided with the restraining order applicant. So choose an attorney you feel certain will have your back. A lawyer is no different from anyone else you employ to do a job for you: get one you in.restraining order Q&A *Readers may perform a keyword search of this FAQ page (or any other) by pressing Ctrl + F or ⌘ ⌘ Cmd + F. A dialogue box will appear. “A judge contacted my job and is trying to get me fired. [What to do?]” A judge’s contacting your employer is way out of line. You can report this misbehavior to the police, apply for a restraining order against the judge for harassment, and/or report his or her actions to your state’s judicial oversight commission. If the judge succeeded in costing you your job, you would also have grounds to sue him/her for damages. The system protects its own, so you would have to substantiate (document/prove) your case very thoroughly. Your best avenue of recourse (if it’s financially feasible) would be to hire an attorney. “A person filed a restraining order, which a judge denied. Now the person is telling everyone they have a gun to use against the other party. [What to do?]” If the other party feels his or her life is in danger, s/he shouldn’t hesitate to report these threats to the police and/or apply to the court for a restraining order him- or herself (which can require that the person be prohibited from possessing firearms or ammunition). The other party can obtain affidavits (sworn statements) from witnesses to support his or her allegations to a judge. Bear in mind, however, that a restraining order is just a piece of paper. If this person is psychotic, the threatened party should consider a more certain deterrent like relocating.PPO “A police officer called and informed me of a PPO [protection order]. Is a phone call effective without personal service upon me?” “Am I a criminal if I have a restraining order?”

3. Though the court and others may well treat you like a criminal or make you feel like one, no. A restraining order is a civil misdemeanor. “Am I breaking the law if I posted a comment on Facebook about my ex-girlfriend who got a restraining order against me…?” Restraining orders are public record, so no. You would only have made yourself liable to police interference if your comment was threatening or to civil litigation if your comment was libelous—in other words, if you lied about your ex-girlfriend in a defamatory way. Truth is an absolute defense against allegations of libel or slander. Fact is fact. Opinion is also protected under the Constitution. Care should be taken, though, if you’re commenting on a restraining order that’s still in effect that you don’t make yourself vulnerable to allegations of harassment. A good rule of thumb is to imagine that everything you write will be read by a judge. A single comment isn’t harassment.restraining order FAQ “Are charges filed against me public record?” Yes. The plaintiff’s affidavit (written narrative to the court) is often concealed—even from the defendant; but the restraining order itself is publicly accessible, along with any allegations that appear on it (whether true or false). “Are narcissists con artists?” Yes, they’re consummate manipulators and frauds who don’t scruple about lying to realize their own ends, including to police officers and judges. “Are no-contact orders public knowledge and if so where do you locate them?” Records of restraining orders are public, yes. A courthouse website will usually have a database that you can search by name or case number. Note that restraining orders can issue from county or city courthouses. Note also that accessibility of restraining order records by Internet can vary state-to-state. (Here, for example, is the public index for Charleston County, South Carolina.) “Are restraining orders constitutional?” There are certainly grounds for questioning their constitutionality. Provisions of the United States Constitution and state constitutions require that all citizens be given equal recognition under the law and that no group of citizens be shown special consideration, and preferential treatment both of women generally and plaintiffs specifically is not only prevalent but often mandated (for example, courts may be given grant monies in return for consenting to unquestioningly accept allegations of fear or violence from women as true). Restraining orders also deny recipients due process, a constitutional privilege guaranteed by the Fifth, Sixth, and Fourteenth Amendments. They furthermore enable the courts to criminally sanction defendants (imprison them) without first affording them their constitutional entitlement to a trial by a jury of their peers. And almost all if not all restraining orders are issued ex parte, which means defendants are deprived of liberty (and often property) prior to being heard by the court. Some defendants, in fact, are never heard. Restraining orders are issued against them without the court’s ever knowing anything about them but their names.restraining order Q&A

4. Are restraining orders hard to beat?” Yes, because they can be based on testimony that’s impossible to discredit, for example, an emotional state. An allegation of fear, which may be all a plaintiff needs to persuade a judge to approve a restraining order, can’t be disproved. The only defense is to discreditthe plaintiff by convincingly showing there are no objective grounds for fear or that s/he has an ulterior motive for alleging it. As painful as it may be, no matter how strained your finances, securing the representation of an attorney is critical to balancing the scales and insuring you at least get a fair shake in a restraining order appeal. Since restraining orders are obtained ex parte—that is, based solely on the word of the plaintiff—the notion that the scales of justice are balanced to begin with is ridiculous. Are you notified if a person you have a restraining order against moves?” No. Unless the person were for some reason required to inform authorities of a change of address, neither the police nor the court would even know, and a restraining order doesn’t prohibit a person from moving (except, perhaps, within the vicinity of the petitioner “Can a CPO be verbal, or does it have to be written?” To the best of my knowledge, a criminal protection order would necessarily have to be in print so that its recipient were duly apprised of its prohibitions. Mere communication of an order would seem to be insufficient (unless it were directly communicated by a judge). Orders issuing from the court, even if they’re verbally pronounced by judges, are typically “written” and mailed to or served on the parties at whom they’re directed. That notwithstanding, if you believe you’ve been ordered by the court not to approach or contact another person, you should refrain accordingly.restraining order abuse

5. Can a defendant vacate an order of protection?” A defendant can contest the preliminary/temporary order prior to its being finalized. Either a date will be scheduled automatically, or one will be assigned subsequent to the defendant’s applying to the court for the opportunity to defend. Protocols vary from state to state. In Arizona, for example, defendants must request hearings. Filing a motion like this one from Maine, “Defendant’s Motion to Dissolve Temporary Order for Protection,” may or may not be necessary. A defendant’s appearance in court to challenge a restraining order is essentially understood as a motion to the court to dismiss/vacate the preliminary judgment, but there’s no harm in a defendant’s filing a motion and/or pronouncing in court, “Defendant moves to have the plaintiff’s order dismissed, because its allegations are false [or “baseless,” “frivolous,” etc.].”Dismissed, vacated, dissolved, terminated, or a similar word will be used, depending on the jurisdiction, to mean canceled, “dropped,” or “tossed.” Grounds for moving to have an order vacated after it has been finalized might be that the defendant was never served with the preliminary order and summons or that the order was otherwise “void.” If this doesn’t apply, and a ruling to finalize a restraining order goes against a defendant, s/he may appeal the ruling to a higher court. These are the only ways to vacate a restraining order without its petitioner’s cooperation. With the petitioner’s cooperation and an attorney’s assistance, an expired restraining order may be vacated even years later by filing a nunc pro tunc motion with the court (nunc pro tuncmeans “now for then”). Exceptions like this option available in Colorado.https://restrainingorderabuse.com/restraining-order-q-a/