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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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My daughter's friend got a temporary restraining order

Customer Question

Hi
My daughter's friend got a temporary restraining order against my daughter because my daughter end her friendship with her two months ago and also because my daughter is Friend with the ex-girlfriend of that girl's boyfriend and she didn't approve of that.in the restraining order she put that her cat is gone and she thinks my daughter took it it and her car was egged by my daughter and my daughter drive by her house and parks and giggles.
My question is we have a court date in three weeks what should we do and prepare before we go to the court and see the judge?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
I am waiting for 30 minutes and I did not get any response yet from you
Expert:  originallawyer replied 2 years ago.
I'm sure this is scary for your daughter! You might want to have some of her friends write out character statements for her. If she has good relationships with other adults, it would be good to have them also write a statement testifying to her good character. Also, if you know where your daughter was on the day of the alleged egging, write that out too.Being prepared with a timeline about where your daughter has been will help her communicate to the Judge what's going on.
Customer: replied 2 years ago.
Do I need any lawyer to go to the court?
Expert:  originallawyer replied 2 years ago.
You don't need one, however it might help smooth any pre-hearing jitters. They can give you a good idea of what to expect from the Judge she'll be in front of.
Customer: replied 2 years ago.
Can she show her text massages to the judge that show how the friend beg for my daughter friendship exactly the time she claims that my daughter began to harass her
Expert:  originallawyer replied 2 years ago.
Yes, I would print them out and have them organized by date and time. That is helpful evidence to have.
Customer: replied 2 years ago.
I saw on line that my daughter can go and files an answer paper which explain her side of the story before the court day.Is it true can she do that
Expert:  originallawyer replied 2 years ago.
She can do that, but she should also be prepared to clearly and concisely tell her story on the day of court as well.
Customer: replied 2 years ago.
Do judge ask for any evidence from the girl who field the restraining order or is just her words?
Expert:  originallawyer replied 2 years ago.
They will ask for evidence, but she will also be allowed to testify if your daughter has made her feel threatened in any way.
Customer: replied 2 years ago.
So if she doesn't have any evidence at all and she just talk about her feeling and like her cat is gone she assuming my daughter took the cat .isn't this case just about assuming and nothing else? How might judge really react to this?
Expert:  originallawyer replied 2 years ago.
A Judge will not go solely off her feelings. The Judge will want some evidence. I don't think a cat disappearing is enough to merit a restraining order.
Customer: replied 2 years ago.
Does a permanent restraining order come up on back ground check and how damaging is a permanent restraining order to my daughter's future job or education she is just 19 years old
Expert:  originallawyer replied 2 years ago.
It would show up on a criminal background check. There will usually be a place for her to explain on an application for work or school if they ask about a criminal record.I would say based on what you've told me, the odds of this restraining order sticking are slim. It sounds like a petty dispute that a Judge is going to not feel requires a restraining order.
Customer: replied 2 years ago.
Can my my daughter bring up the subject that that girl is a jealous and did not want my daughter to have any other friends except her and all this is because of jealousy and being angry that my daughter cut her friendship with her
Expert:  originallawyer replied 2 years ago.
Yes, those are facts that are in your daughter's favor. I would make sure she can communicate this information as calmly as possible. The less emotional she is about this, the better as it shows that she is the calm collected one.