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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35846
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I just had verbal dispute with ex boyfriends new girlfriend

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I just had verbal dispute with ex boyfriends new girlfriend in Home depot. No threats just raised voices. She claims to have a cease and desist letter sent to me in regards XXXXX XXXXX ex boyfriend i have never received this letter nor was in state when it was suppose to be sent. Can she file restraining order or charges against introducing myself to her and then us raising our voices calling each other crazy...?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Can she file restraining order or charges against introducing myself to her and then us raising our voices calling each other crazy...?
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Typically this would not be enough for a judge to decide to grant a petition for a restraining order. Technically in KY there is not anything called a "restraining order", it would be an Emergency Protective Order and these are only granted if the petitioner can demonstrate that they were being stalked or harassed by the person they are seeking the order against. There must also be some type of threat of harm made by the respondent towards the petitioner.
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So based on your comments, it would be extremely unlikely that she could have had an EPO placed against you. Further, an EPO is not legally effective until it is actually served on the respondent.
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Thanks.

Barrister

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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister and 9 other Legal Specialists are ready to help you
Customer: replied 4 years ago.


so both criteria must be met? harm and harassment?


and a judge would have to issue it? does a laywer have to file it?


also i did get an email of a photo copied cease and desist letter that was to have been sent on the 14Feb that i never recieved. it was attached to a Happy Birthday email i send ex. I called the laywer on the letter head and she is a franchise trademark laywer...very odd to be doing a cease and desist. He started to scold me on phone and i advised that i never recieved any original letter and was not even in state when sent to receive. Sound like the case of a possessive new girlfriend to you? I will not continue friendly contact via emails anymore.

so both criteria must be met? harm and harassment?
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No, there must be an actual threat of harm or assault for a judge to agree to issue a protective order.
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and a judge would have to issue it? does a laywer have to file it?
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Yes, a judge reviews the petition and then decides whether it is serious enough to issue the order. And no, the "victim" is the one who files the petition with the local District Court.
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So as I mentioned earlier, if you just had the one verbal altercation with the girlfriend, this likely wouldn't rise to the level where a judge would issue an order even if she actually filed one.
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You mentioned a "cease and desist" letter earlier but this is just a letter typically sent by an attorney threatening to file criminal charges for something like harassment if the recipient continues to have contact with the other party. But it doesn't have any force of law, it is basically just a warning.
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Thanks.

Barrister

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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.