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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27649
Experience:  Attorney with experience in family law.
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I had a friend who I did a lot for and she all of sudden

Customer Question

I had a friend who I did a lot for and she all of sudden just crapped on me and I asked for my stuff back that I had bought her as well as our children are in the same daycare and our friends as well. I am disabled vet who struggles with PTSD but have never been violent. She went and got a Emergency Protective order over some petty stuff of our soured friendship that she cause and is using false accusations to get said order, now she is messing with my lively hood and my way to make money and keep my kids safe what can I do, I just want my stuff back and to never see her face again. I will not get my kids involved in this childish petty stuff she has started but now she has taken it to far what can I do? Please help
Submitted: 14 days ago.
Category: Family Law
Expert:  Lucy, Esq. replied 14 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You said that the stuff you're asking for is items that you bought for her. Legally, there is no right to have a gift returned once it is given. Anything you bought because you were friends belongs to her now. If she is holding items that belong to you or your children, you can sue for conversion, which is the civil equivalent of theft.

It's a crime to file false charges against someone. After you get the restraining order dropped, you have the ability to ask the police to press charges against her. You can also sue her for malicious prosecution, which carries punitive damages. When a relationship doesn't work out, that's not a valid reason for trying to get them arrested. If you have to hire a lawyer to fight the restraining order, you can ask that she be ordered to repay you for that as well.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 14 days ago.
This order expires on the 29th does that mean she is going to court to have a restraining order which will effect my daily life over some really petty stuff
Expert:  Lucy, Esq. replied 14 days ago.

If she's planning to get a more permanent order, you have a right to notice and an opportunity to be heard. There will be a hearing, and you'll have a right to defend yourself. Read through all the paperwork you received to see if there's a court date listed. If you don't see one, you might want to call the court just in case.

Customer: replied 14 days ago.
On this emergency protective order there is no court date or a court case number, I just dont know why she would get something like this and then if she does go on to something worse it is affecting my life and my job over some stupid petty stuff that she as an adult should not be doing
Expert:  Lucy, Esq. replied 14 days ago.

You're right. She shouldn't be doing that. That's why the law says you can sue her for malicious prosecution and press charges for filing a false police report. To get an emergency order, you have to tell the judge that your life is in danger, which means she had to commit perjury to get it.

The courthouse can look up cases by name without a case number. If it's a real order, and if there's more happening, they'll find it.

Customer: replied 14 days ago.
She put on there that I said stay away from my home or I will protect my property and she considers that a threat, it is my property and she has no right to be on it. I never said I was going to kill her she is just taking it way to far and it is stupid, I am so worried now for my job. After what she did to me and just treated me like crap I said I was so mad at her I wanted to punch her in the face, although never would and have not been anywhere near her to do so she goes and does this
Expert:  Lucy, Esq. replied 14 days ago.

I'm very sorry that she did this. There's not much you can do with the temporary order, but you can fight if she tries to get a permanent order.

And you're allowed to file a lawsuit against her for what she owes you. A person can't avoid legitimate lawsuits by getting restraining orders against the people intending to file them.

Expert:  Lucy, Esq. replied 14 days ago.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Expert:  Lucy, Esq. replied 13 days ago.

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