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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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Someone in Harris County has threatened to file some sort of

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Someone in Harris County has threatened to file some sort of protective or restraining order against me. We are not related and have never dated. There has never been any violate activity on either side. He owes me a lot of money but, of course, I know I have no way to get it back because there is not much of a paper trail. This is the reason he is threatening this. I stopped trying to get any money back from him about a month ago because he told me multiple times that he had no intention of paying it back. I received a message (from a number I did not know because I have had his blocked for a while now) from him on 3/27 saying that he had a pending protection order against me and I was not allowed at his work. Apparently someone from his work has called and told him that I had been there when I was actually miles away at a doctor's appointment and had not been near his work all day. I want nothing to do with this guy. I have no intention of seeing or talking to him ever again. I am not violent in any way, shape, or form. I am actually the one who is more the victim in the case. Can he really file anything legal against me?

Well, anyone can file for a protective order against anyone else. However, the more important issue is whether he could actually prevail in the protective order. Based on what you have stated thus far, it would appear that he has no evidence to support his allegations. That being the case, it seems improbable that he could win and the protective order would be dismissed.

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Customer: replied 4 years ago.

Thank you for the quick and helpful response. If you don't mind I have a few more questions as this is obviously something that I have never had to deal with before.



When you file a protective order against someone do you have to pay any kind of fee (I doubt that he would do anything that cost money is why I ask).



What is considered "evidence"?



If there does end up being an order filed against me, would I have to go to court to try and have it dismissed? If that is the case, do I need to gather evidence to prove that I am in no way a threat to him? Would he be there to state his case as well?



If I am served with an order against me, when and who would serve me?



If I applied for a new job and they did a background check, would this show up on it?



I know I have a lot of questions. It is just that I am a respected professional in my community and he is something of a drug addict. I have a habit of picking up stray dogs and trying to fix them; hence all the money he owes me. I don't think I will be doing that again.



Thank you for your help in advance. It is very much appreciated.



1. When you file a protective order against someone do you have to pay any kind of fee (I doubt that he would do anything that cost money is why I ask). You would need to check with that specific clerk of court as each clerk has different filing fees. Having said that, if there are fees, they are probably low as the laws were set up so as to not discourage anyone from filing such an action where it is appropriate.

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2. What is considered "evidence"? That could be just about anything. Evidence could include testimony of the parties or witnesses, documents that support or refute the allegations, copies of text messages, phone logs or anything else that might establish or contradict the allegations.

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3. If there does end up being an order filed against me, would I have to go to court to try and have it dismissed? If that is the case, do I need to gather evidence to prove that I am in no way a threat to him? Would he be there to state his case as well? There would be a single hearing on the matter. It would be his opportunity to prove his allegations and your opportunity to dispute the allegations. Meaning, you should each bring whatever witnesses or evidence you have at that time.

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4. If I am served with an order against me, when and who would serve me? It would typically be served by he local county sheriff. As to when, that would depend entirely on their schedule and impossible for me to say.

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5. If I applied for a new job and they did a background check, would this show up on it? Yes, it likely would. However, if it is denied, that would show up as well. Meaning, it likely would not cause you any harm.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Customer: replied 4 years ago.

Joseph,



Thank you. If I do think of anymore questions and direct them to you, do I need to use any kind of reference ID so that you know the background of what I am asking additional questions about?



Other than that, I am good for now and 100% satisfied and grateful for your help.



Thanks.

Any questions asked by you will contain your customer ID which, in turn, can be used to link to any questions you have previously asked.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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