How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attorney & Mediator Your Own Ques...

Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Criminal Law
Satisfied Customers: 20012
Experience:  Knowledgeable in the subject matter.
Type Your Criminal Law Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

I am facing a possible restraining order. I need to know if ...

Resolved Question:

I am facing a possible restraining order. I need to know if I have a case against the charges, and what could happen to me if convicted.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Attorney & Mediator replied 6 years ago.
You question is not clear.

1) Are you asking information only about a restraining order or do you also have criminal charges against you?

2) If you have been charged with a crime, what is that offense you have been charged with?

3) What state where you charged in?

Thank you.
Customer: replied 6 years ago.
I am asking about a restraining order being filed against me. I do not have any criminal charges filed against me previously. I would be charged in the state of Florida.
Expert:  Attorney & Mediator replied 6 years ago.
You state you do not have any criminal charges filed against you previously but my question was whether you are currently charged with a criminal offense? And if so what?

Customer: replied 6 years ago.
I am not currently charged with a criminal offense. If I am going to be charged it would be a restraining order due to stalking.
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for your clarification.

If they are claiming stalking as the grounds to get the restraining order then the only way to dismiss the restraining order petition would be by disproving the allegations they have asserted.

Stalking in Florida is defined as the repeated pattern of behavior that is done for the purpose of harassing, following, which places the other person in a reasonable belief of harm, distress and such conduct serves no legitimate purpose. You can review the actual definition for stalking here.

So deciding whether you can fight this restraining order would depend if you can disprove the allegation the petitioner asserted for the claim. If you cannot disprove the allegation the restraining order will be granted.

A restraining order is not a criminal action, it is a legal process which allows the petitioner to get an order of protection against you. So you will not be convicted of a restraining order. Only if you violate the restraining order will the police be able to arrest you and find you in contempt of court which can result in jail time and/or a fine at the discretion of the court.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
Reply to LawNinvest's Post: So if a restraining order is filed against me, will I have to go to court and face charges? Also would it go on my record? I have an ROTC scholarship and I fear a restraining order would jeapordize the scholarship and I fear I may lose it if the restraining order and stalking charges are filed against me. I never made an attempt or threat to hurt the other person.
Expert:  Attorney & Mediator replied 6 years ago.
A restraining order is a separate process from being charged with a crime. Just because you have a restraining order does not mean that you are being charged with a crime.

However with that said, it depends on the petitioner whether they want to press charges for stalking.

A restraining order does not go on your record because it is not a criminal offense. If you violate the restraining order then the violation of the restraining order is a criminal offense and the violation will go on your record.

As to your ROTC scholarship, that all depends on the terms of your scholarship. You will need to review it to see what can disqualify you from the scholarship.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator, Lawyer
Category: Criminal Law
Satisfied Customers: 20012
Experience: Knowledgeable in the subject matter.
Attorney & Mediator and 8 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.