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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 25866
Experience:  10+ years defending Misdemeanor and Felony cases.
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How do I find out if I have a restraining order filed on me I went to court on Monday (O

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How do I find out if I have a restraining order filed on me? I went to court on Monday (October 3), was told a restraining order was filed against me by my ex-boyfriend from another state ( I live in CA he live in NY), only I was never served, went to court or seen any documents pertaining to an order of protection what so ever. As a result, the judge denied my restraining order and in an effort to contact one of his accomplices to my restraining order for that day in court, he got access to my work number and has now been calling and harassing everyday prior to and even more now that the order was denied. HOW CAN I GO AFTER HIM AGAIN TO MAKE HIM STOP? I know I need to file another restraining order but how to I go after him for fraud too?

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

What type of fraud are you looking to go after him for?

Customer: replied 5 years ago.
Whatever I can! He is defaming my character, falsely accussing me of hacking in to his email and contacting, harrasing and threatening his lovers. I am not doing it and nothing is pointing to me. In addition, I think this order of protection is false! I was never contacted, went to court, served or signed anything. Someone that I am sure he knows is preparing these documents and pretending to be me. I not sure...identity theft? Creating a false report to hurt or harass me, sending lies over the internet to woman I dont know who have called, writing, text and im my loved ones saying nasty mean things and lies about me defaming my character. So fraud, identity theft, defamation of character and emotional distress?
If there is a restraining order against you, you need to be served with it and placed on notice they it was ordered. To check and see if there is anything active, you can search the clerk of courts website and see if anything comes up under his name or your name, in the county where either of you are living. You also need to document and keep as evidence EVERYTHING that he is doing. This can be used if you file your RO and if you want to sue him for defamation of character and harassment.
Customer: replied 5 years ago.
I went to the police department after court on MOnday, October 3 and there is no restraining order against me filed in my name. I was told the search was Nationwide. Yesterday I called the police where I work, they did a nationwide search and again nothing shows up. Now in addition to the RO how do I sue for defamation of character?

Defamation is false and unprivileged spoken words or written publication, which exposes any living person to hatred, contempt, ridicule, or which causes him/her to be shunned or avoided, or which has a tendency to injure him/her in his/her trade or occupation. In order to prove defamation, you have to be able to prove that what was said or written about you was false.If you have been defamed you may seek both actual damages, to recover the harm that you have suffered, and punitive damages to punish the person who made the remark .

The party making a defamation claim (plaintiff) must ordinarily prove four elements:

1. a publication to one other than the person defamed;

2. a false statement of fact;

3. that is understood as

A. being of and concerning the plaintiff; and

B. tending to harm the reputation of plaintiff

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