Criminal Law Questions? Ask a Criminal Lawyer.
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What state is this in?
Have you gotten anything from the court regarding a restraining order?Why would this person want a restraining order against you? For example, has their been violence between the two of you? Was he a boyfriend, spouse, etc?What is your specific legal question about the restraining order I may answer?
Thank you for your reply.
I am truly very sorry to hear what happened to you. You can certainly call the Clerk of Court and find out if there is in fact a restraining order. Normally what would happen when someone applies for a restraining order is that they will seek a temporary order "ex-parte" meaning without notice to the party they are seeking the order against -claiming that they are being harassed or stalked or abused, etc. Since it's a temporary order pending a final hearing, judges more often then not will issue a temporary restraining order until a hearing can be held and you can appear and give your side of the story. That temporary order would have been delivered to you, normally by a sheriff. So...I don't know if this person is putting you on or not. The Clerk of Court should be able to look it up.As for the rape, as you know, that's a criminal offense. While a private citizen cannot press charges (the police can arrest and the prosecutor's office has final say about filing charges) you should definitely make it a priority to report the matter to the authorities. This person belongs in jail.Certainly once the child is born you can petition the court for DNA testing to determine paternity (since I doubt he will admit it) and a support order can be entered for the child -even if he is incarcerated at the time.
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