Fighting a Restraining Order
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Anonymous
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I had a few minutes to spare before getting into the car to an appointment I am not looking forward to, and this thread entertained me. Thank you.
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Anonymous
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I work in an ER and hear some crazy stories that people actually think we believe, but the fact that you are on page 6 trying to convince us you had no idea the job on a dead end street that you had to go to 4 separate times with no alternate route besides by your AP's house us really comical at this point.
Maybe practice in front of a mirror so you can tell this story to a judge with a straight face? |
Anonymous
Unfortunately, inappropriate actions have consequences. This restraining order may be yours, and you may just have to accept it. |
Anonymous
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Legally, even if the OP drove by the house 290348390823908 times it still does NOT warrant a restraining order. Driving by someone's house alone, no matter how often, is not illegal nor harassing.
In Washington, D.C., domestic violence is divided into three categories: intimate partner violence, intrafamily violence, and interpersonal violence, which are explained in detail below. "Domestic violence" is when one of the following people commits or threatens to commit any crime against you:* someone you are or were married to, in a domestic partnership with, or in a romantic, dating, or sexual relationship with (“intimate partner violence” ) someone related to you by blood, adoption, legal custody, marriage, or domestic partnership (i.e., your brother or your father-in-law ) (“intrafamily violence”) someone you have a child in common with -- this can be (“intrafamily violence”) and/or (“intimate partner violence” ) someone who share(d) a home with (i.e., a roommate) (“interpersonal violence”) someone who is/ was in an intimate relationship with the same person that you are/ were in an intimate relationship with (e.g., you are dating Jane and Jane's ex-husband assaults you)(“interpersonal violence”).** Note: If you are a victim of stalking, sexual assault, or sexual abuse, you can file for a civil protection order against the offender even if you do not fall into one of these above categories.*** There are two types of civil protection orders in Washington, D.C. Temporary (ex parte) Protection Orders A temporary protection order can be issued the day that you file your petition without the abuser being present in court - (this is what is meant by an ex parte order). The judge can give you this temporary order if the judge believes that the safety or welfare of you or your household member is in immediate danger from the abuser.* The first temporary protection order that you get can last up to 14 days. Once you return to court, the judge can extend the temporary protection order for additional 14 day periods (or for a longer period if both parties consent) until the final court hearing or trial is completed.* Civil Protection Orders A final protection order can be issued by a judge after one of the following happens: there is a court hearing where you and the abuser both appear and present evidence and testimony to the judge, or there is a court hearing where only you appear -- the abuser fails to appear even though you can prove he was properly served with notice of the court date, or in court, the abuser consents to the protection order being issued. In option 1 or 2, above, the judge will only issue the final protection order if s/he has "good cause" to believe that the abuser committed or threatened to commit a criminal offense against you, your animal, or any animal in your household.** For option 3, this is not a requirement. Civil law vs Criminal Law Civil Law In a civil domestic violence action, you are asking the court to protect you from the person abusing you. You are not asking the court to send that person to jail for committing a crime. However, if the abuser violates the civil court order, he may be sent to jail for the violation. In a civil case, you are the person bringing the case against the abuser and (in most circumstances), you have the right to withdraw (drop) the case if you want to. The protective orders we talk about are under the civil law system. Criminal Law The criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc. A criminal complaint involves your abuser being charged with a crime. In a criminal case, the prosecutor (also called the district attorney) is the one who has control over whether the case against the abuser continues or not. It is the county/state who has brought the case against the abuser, not the victim. It is possible that if you do not want the case to continue (if you do not want to “press charges”), the prosecutor might decide to drop the criminal charges but this is not necessarily true. The prosecutor can also continue to prosecute the abuser against your wishes and could even issue a subpoena (a court order) to force you to testify at the trial. I would have done a simple google search instead of coming on DCUM to get bashed by bitter wives |
Anonymous
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70% of restraining orders that are trivial or false.
20 billion – Number of dollars that taxpayers spend each year for welfare and public benefit services arising from false allegations of domestic violence that force children into single-parent households |
Anonymous
"There are two types of restraining orders – Temporary (ex parte) Protection Orders (TPO), and Civil Protection Orders (CPO).3 Victims of stalking, sexual harassment or sexual abuse can also file for a CPO, regardless of their relationship to the abuser – stranger, co-worker, acquaintance, etc.4 The person seeking an order must live in Washington DC, or at least one incident must have happened in the state to seek protection from the Washington DC Court. However, an order will protect he or she in all US states.2" |
Anonymous
MRA jackasses are here. |
Anonymous
This makes no sense. Children would still be in single parent households whether or not there were false allegations. And where does welfare come into it? |
Anonymous
| Op let us know how it goes tomorrow. We are keeping you in our thoughts even though you played us.? |
Anonymous
You never knew his home address, but she is familiar with what you drive and just "happened" to look out as you were whizzing by? |
Anonymous
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Do you not fricken get it? If I actually knew their address and drive by to actually stalk them, wouldn't you think I would KNOW WHY they are seeking the order instead of being perplexed as to why?
Jesus |
Anonymous
But you're NOT perplexed as to why - you've told us why...that you did drive by their house on your way to a job interview, on the date in question, without knowledge of their address. What you were perplexed about is why she filed a restraining order two months later. You're getting your story mixed up - don't do that tomorrow in front of a judge. |
Anonymous
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You know what's missing in OP's rationale of what brought about the restraining order...the husband.
How do you know it's not a cut and dry case of the wife, your former friend, catching a glimpse of you cruising past on your way to an interview? How do you know your ex affair partner hasn't been telling all kinds of horror stories about how crazy you are to his wife after he got caught to save his own ass? He could be the "ah-ha" as to why months later a restraining order appears out of nowhere. |
Anonymous
I'm going to throw out something from left field here. Maybe it's because YOU SLEPT WITH HER HUSBAND and driving by 4 times in a residential neighborhood, plus turning around and going back is 8 times since you say it's a dead end. Maybe the neighbors have been telling her of your plan to seek employment around the corner from her house and she considers it harassment since no one, but no one, believes you that you didn't know where they live. Ganesh |
Anonymous
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Op here. TRO was dropped due to lack of evidence and the judge said "the fact this was issued months after the incident shows no real threat to the petitioner".
So there you go. |