Well, anyone can file for a protective order against anyone else. However, the more important issue is whether he could actually prevail in the protective order. Based on what you have stated thus far, it would appear that he has no evidence to support his allegations. That being the case, it seems improbable that he could win and the protective order would be dismissed.
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Thank you for the quick and helpful response. If you don't mind I have a few more questions as this is obviously something that I have never had to deal with before.
When you file a protective order against someone do you have to pay any kind of fee (I doubt that he would do anything that cost money is why I ask).
What is considered "evidence"?
If there does end up being an order filed against me, would I have to go to court to try and have it dismissed? If that is the case, do I need to gather evidence to prove that I am in no way a threat to him? Would he be there to state his case as well?
If I am served with an order against me, when and who would serve me?
If I applied for a new job and they did a background check, would this show up on it?
I know I have a lot of questions. It is just that I am a respected professional in my community and he is something of a drug addict. I have a habit of picking up stray dogs and trying to fix them; hence all the money he owes me. I don't think I will be doing that again.
Thank you for your help in advance. It is very much appreciated.
1. When you file a protective order against someone do you have to pay any kind of fee (I doubt that he would do anything that cost money is why I ask). You would need to check with that specific clerk of court as each clerk has different filing fees. Having said that, if there are fees, they are probably low as the laws were set up so as to not discourage anyone from filing such an action where it is appropriate.
2. What is considered "evidence"? That could be just about anything. Evidence could include testimony of the parties or witnesses, documents that support or refute the allegations, copies of text messages, phone logs or anything else that might establish or contradict the allegations.
3. If there does end up being an order filed against me, would I have to go to court to try and have it dismissed? If that is the case, do I need to gather evidence to prove that I am in no way a threat to him? Would he be there to state his case as well? There would be a single hearing on the matter. It would be his opportunity to prove his allegations and your opportunity to dispute the allegations. Meaning, you should each bring whatever witnesses or evidence you have at that time.
4. If I am served with an order against me, when and who would serve me? It would typically be served by he local county sheriff. As to when, that would depend entirely on their schedule and impossible for me to say.
5. If I applied for a new job and they did a background check, would this show up on it? Yes, it likely would. However, if it is denied, that would show up as well. Meaning, it likely would not cause you any harm.
Thank you. If I do think of anymore questions and direct them to you, do I need to use any kind of reference ID so that you know the background of what I am asking additional questions about?
Other than that, I am good for now and 100% satisfied and grateful for your help.
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