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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 16370
Experience:  Licensed Texas General Practice Attorney
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Daughter filed a temporary restraining order against me stating

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Daughter filed a temporary restraining order against me stating that I was abusive. She is 20. There is a hearing. It states that if I fail to appear that an injunction could result in being issued. Does this mean that if I do not appear than I will have a full restraining order in place? What else happens? I am done and will give her the space that she needs and not fight her on it.

ScottyMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ScottyMacEsq : That is correct, in that if you do not contest the injunction, AND the petitioner (your daughter) does show up for the hearing, it will almost certainly be granted. Now the judge still has to find good cause to grant it, but typically when it's her word against no one, then she can establish what would be needed for a permanent injunction.
ScottyMacEsq : Typically the terms of the permanent injunction are the same as the temporary one, with the only change being in time (permanent ones will expire after a set period of time, but it's a much longer one than the 7 days of a temporary).
ScottyMacEsq : If you do not appear, law enforcement (a constable, etc...) or another individual will provide you with a copy and notice of the injunction being entered.
ScottyMacEsq : If you're okay with the terms, and feel that you will continue to be okay with them in the future, then you don't have to show up.
ScottyMacEsq : The only other thing that happens is that law enforcement gets a copy of it (so that it would know if there was a violation).
ScottyMacEsq : And nothing would happen if you comply with the injunction.
ScottyMacEsq : The only thing that you would have to worry about would be if you violated the injunction, at which point there would be "contempt" (most likely criminal contempt in the situation of an injunction).
Customer: Will there be other charges that come of it?
ScottyMacEsq : (and you can be jailed, fined, etc... for such contempt)
ScottyMacEsq : Not of the injunction itself.
ScottyMacEsq : (unless it's violated)
ScottyMacEsq : It's POSSIBLE that you could be charged with a crime arising out of the circumstances.
ScottyMacEsq : But your failure to appear at this hearing is not an admission of guilt.
ScottyMacEsq : It does not implicate any criminal action that might arise.
ScottyMacEsq : (arise out of the past circumstances that led to this injunction)
Customer: so what you are saying is that if I don't show up a restraining order will be more than likely granted. Then they could charge me with abuse crimes
ScottyMacEsq : I'm saying the injunction would likely be granted, if there was good cause to do so. If she's alleging that you abused her, and you don't contest it, the judge is going to take her word for it.
ScottyMacEsq : That does NOT mean that you're going to be charged.
ScottyMacEsq : The police handle that, and they will do so based upon the evidence.
ScottyMacEsq : If there's probable cause to believe that there was abuse, they can charge you for that. And the prosecution would have to prove, beyond a reasonable doubt, that there was.
ScottyMacEsq : That's why I said that a restraining order (which can be granted upon one party's allegations against the other) is different than criminal charges.
ScottyMacEsq : And your failure to show up at the hearing is NOT an admission of guilt, so that is not any evidence that a crime actually occurred.
Customer: understand that. it is not that I abused her, I just do not want to deal with this anymore. I just want it to be over and for her to be able to get on with her life. At some point I am sure she will grow up and want to try to mend family again.
ScottyMacEsq : I understand, and I do hope that is the case. Again, the granting of a restraining order has no implications as to whether or not criminal charges will be filed, and if they are, the contesting or not of such a restraining order would not implicate, one way or the other, these charges.
ScottyMacEsq : It can't be used as evidence against you.
ScottyMacEsq : The prosecution would need to prove that you actually committed the abuse, not that you failed to contest a restraining order.
ScottyMacEsq : Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Customer: If you were my lawyer right now what would you suggest? I am so lost right now and I believe that we both need to get on with life. Thought that trying to find her to talk with her and explain that would help but I guess not
ScottyMacEsq : If it were me and I contested her version of the events, I would show up to the hearing and contest the injunction. But ultimately whether or not you're "done with this" and don't want to hassle with it is up to you, and I cannot advise you one way or the other. I can only say what I would do in your situation, and as I don't have the facts, I can only say that if they are true, it might be better to avoid court where you might implicate yourself by your testimony.
ScottyMacEsq : (silence will not implicate, but an affirmative in court testimony, under oath, could)
Customer: How do I keep a copy of this. So that I can go back over it at a later time.
ScottyMacEsq : After you rate this answer, it will switch to a Q&A format (you may need to refresh the page after rating) at which point you'll be able to print this information, copy and paste it, etc...
ScottyMacEsq : Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
ScottyMacEsq : Did you have any other questions before you rate this answer?
ScottyMacEsq : Are you there? Please note that I am still here, awaiting your response.
Customer: No sorry getting ready for work. Thank you
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