You do need to speak to a lawyer about this as soon as possible -- you are correct that she should not be sending this out to your clients without it being finalized and signed by a Judge and her posting the bond and at this point what she is doing is defamatory in nature -- especially if she never actually follows through and posts that bond. My suggestion as far as what actions you should take with an attorney is that he/she and you may want to try to stop this thing from happening entirely -- because it is very unusual for one owner to get a restraining order against another -- and you should also consider asking the court for an order to partition the business (depending upon whether you want to continue with the business or you can ask to be bought out of the business --one or the other of you can buy the other partner out of the business).
Please press the GREEN ACCEPT BUTTON so I will be paid for my time. THANK YOU
Legally, it should not be effective at the bank either but they may be taking the position that they do not want to be involved and would rather listen to what she is saying right now rather than release money to you and get into larger issues. You can try stopping at the bank tomorrow and pointing out that the order is not yet a legal order but you might be better off having the attorney do it (they will probably listen to the attorney quicker). If this is the first time meeting with the attorney then you should stress that the one thing you need him to do immediately is straighten out the issues with the bank accounts. What I believe is going to end up happening is the attorney will file a motion or request to the court to stop this restraining order or set it aside -- and that is what you need to happen quickly.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).