Criminal Law

Regarding restraining orders, how to proceed when someone…

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Regarding restraining orders, how...

Regarding restraining orders, how to proceed when someone falsely files a restraining order against you AND in a different jurisdiction (state) than it allegedly happened?

Lawyer's Assistant: Is there ongoing abuse or harassment? How recent?

No abuse, no relationship other than... Read full answer

Regarding restraining orders, how to proceed when someone falsely files a restraining order against you AND in a different jurisdiction (state) than it allegedly happened?

Lawyer's Assistant: Is there ongoing abuse or harassment? How recent?

No abuse, no relationship other than sleeping over. Everything is on text messages, no verbal abuse or treats besides the ones coming from the petitioner. Both parts were in Florida during text exchange, yet it was filed in nj after petitioner moved to nj

Lawyer's Assistant: Were the police called? What happened?

No police involved. Petitioner doesn’t want to return belongings.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There was a threat of violence from petitioner and friends

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Answered in 22 minutes by:
4/9/2019
M. Jacob Mihalov
Category: Criminal Law
Satisfied Customers: 371
Experience: Solo Practitioner at Mihalov Law
Verified

Hello, My name is ***** ***** I'm a Legal Expert, I may be able to help with this question.

OK, so you have a few options, but both are going to require you to go back to the jurisdiction in which it's filed to appear at a hearing. First, I would make sure you have the correct date and time for the "permanent" restraining order hearing that is scheduled after someone applies for a restraining order. Just call the judge or court in which the restraining order was filed. Appear at this hearing and 1) Challenge the Jurisdiction if the event "allegedly happened" in a different jurisdiction and 2) appear and speak for yourself if the hearing gets past the jurisdictional challenge. Restraining order hearings are fairly open and the judge usually allows both parties to speak freely at certain times.

Hope that helped. Please take the time to rate and review my answer. It's no additional cost to you and it is how we get credit for our answers. Thanks!

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Customer reply replied 2 months ago
Allegedly happened in Florida w both parties in Florida
I never left Florida. The petitioner did. So I have to miss classes and work and spend money fly/drive to nj?

You MAY be able to hire an attorney to make an argument on your behalf. But it will really be up to the judge in NJ if they will let you waive your appearance. If they don't let you waive your appearance, there will be a restraining order issued in your absence.

M. Jacob Mihalov
Category: Criminal Law
Satisfied Customers: 371
Experience: Solo Practitioner at Mihalov Law
Verified
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