Wednesday, March 14, 2012

restrained person seeking restraining order on ... - Legal Help

This is a discussion on restrained person seeking restraining order on protected person within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; If some one has an emergency protective order against you, can you file one against the protected person? My son's father has made a false accusation toward me and I ...

  1. If some one has an emergency protective order against you, can you file one against the protected person?
    My son's father has made a false accusation toward me and I was recently arrested (after being attacked by his girl friend). He has a history of making false police reports and a couple years ago had me arrested for allegedly "stealing" his golf club. However, once I began to go to court he recanted his statement and wrote a letter to the D.A. asking that the charges be dropped and they were.
    He also made a call to the police once and was caught lying to them about an issue regarding my son & I.
    I'm just wondering, can I file a restraining order against him and report what he's putting me through...I know I have the right to do that, but would it be advised? I am eager to get the attention of a Judge regarding his previous accusations and history with me. If anyone can help me, it would be greatly appreciated.

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    I am not sure if a restraining order is what you need. You may be better off filing a civil law suit (possibly for defamation) or for filing frivolous complains against you. You should consult with a local attorney to see what remedies are available in your state and what torts you can pursue against this individual
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