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 socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34170
Experience:  Retired (mostly)
10097515
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Can an ex girlfriend get a restraining order against me if

Resolved Question:

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.
Submitted: 2 years ago.
Category: Family Law
Expert:  socrateaser replied 2 years ago.
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.

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!

Customer: replied 2 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 2 years ago.
Relist: Other.
I have been waiting over 30 minutes
Expert:  socrateaser replied 2 years ago.
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!

socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34170
Experience: Retired (mostly)
socrateaser and 11 other Family 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:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • 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:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions