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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37960
Experience:  Retired (mostly)
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Can an ex girlfriend get a restraining order against me if

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Can an ex girlfriend get a restraining order against me if I make calls or attempt contact that she has not specifically told me is not allowed. She has said that in the past and changed her mind.
In order to obtain a restraining order, the complaining party must show that he/she will suffer or is at a threat of suffering irreparable harm if the order is not granted.

A single phone call, even if unwanted, would not support a domestic violence restraining order. However, a pattern of such phone calls may provide sufficient evidence, and sometimes complainants simply lie about the previous pattern of conduct. This creates a problem concerning proof, and the judge frequently errs on the side of caution -- which leaves you stuck with a restraining order.

So, as a pure academic question, the answer is "no," your ex cannot get a restraining order based upon a single phone call. But, in the real world, it could happen, anyway.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

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Customer: replied 4 years ago.

Thank you. Would it matter if there were only a few calls in the last few months and she did not tell me to stop calling recently. There was contact she allowed after one statement of that type.


 


Is it possible to have the order dropped?


 


If it is dropped do I have grounds for a lawsuit as this could seriously damage my professional reputation. I am prepared to pay more than the set rate to obtain your opinion.


 


Are you familar with New Jersey law and court processes?

Customer: replied 4 years ago.
Relist: Other.
I have been waiting over 30 minutes
Sorry for the delay. I was on a break. You asked:

Is it possible to have the order dropped?

 

A: If it's an order made after the final hearing, where you were entitled to appear and defend, then the only way to have the order dismissed/terminated is with the consent of the protected party. If it's a temporary order, and you haven't had a final hearing, then you can try to defend and maybe the court will dismiss the order. But, if you lose, then you're back to getting the protected party's consent -- or you can appeal if you do so within 30 days of the date that the order was entered. But, winning one of these cases on appeal is very difficult, because the orders are highly discretionary with the trial court -- so, the appellate court pretty much lets the trial court do as it wishes, unless the order is supported by no evidence whatsoever.


If it is dropped do I have grounds for a lawsuit as this could seriously damage my professional reputation. I am prepared to pay more than the set rate to obtain your opinion.

A: The term "dropped" suggests a criminal charge. You appear to be talking about a civil domestic violence order obtained by your ex in family/domestic relations court. If that's true, then the correct termed is "dismissed/terminated." Obtaining a dismissal means showing that the protected person has no grounds to fear you. And, as I've previously explained, if she can prove a pattern of contact, then the court will probably err on the side of caution, unless you can cross examine your ex on the witness stand and catch her in a lie, e.g., she admits to the contact, but not that it was threatening in any way -- or something similar.

If you haven't had a final hearing, then you'll need a lawyer who is good at contentious witness interrogation -- otherwise, you'll just waste your money.

For a competent lawyer referral, see this link.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

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