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I have someone trying to pull a restraining order out on me…

Hello there, I have...

Hello there, I have someone trying to pull a restraining order out on me and I just wanted some advice. It's for slander and harassment.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

North Carolina She never asked me to stop and even replied to me many times. She slept with my brother in law and husband so I told her whole family and now she's trying to get a restraining oder, but can she if she never asked me to stop and i'm not lying?

Lawyer's Assistant: What steps have you taken so far?

I've gotten information that she's trying to send me a summon to court

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Answered in 3 minutes by:
3/28/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,347
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your situation.

Has a criminal case been filed? Or is this through the civil court?

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Customer reply replied 3 months ago
I've been told it's a no contact order

Do you know whether a police report has been filed? Or have you been personally contacted by police officers for a statement?

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Customer reply replied 3 months ago
I do not know if a police report has been filed. I have not been notified if one has been filed. I have not been in contact with anyone about it other than a third party. She just started the process.

Thanks for the additional information. Give me just a few minutes to finish typing up some information for you, thanks!

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It most likely appears that this individual may be seeking a civil protective injunction.

Those generally are not granted unless there has been some sort of threatening and harassing behavior.

Based on the information you've shared, there hasn't been any threats made on your part, or any violence in the past. The communication also does not appear to be with her, but with family members of hers.

It's therefore unlikely that a judge would grant a protective injunction.

With regards ***** ***** it's possible that she could attempt a defamation lawsuit, however it would be difficult to overcome your constitutional right to free speech in this instance.

You may want to consider ceasing any further communication with her family from here on out, to help ensure that no grounds to arise for a lawsuit or an injunction.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Family Law
Satisfied Customers: 3,347
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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