Family Law Questions? Ask a Family Lawyer Online.
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.
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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.
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.
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.
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