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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27053
Experience:  Active member of the NYS bar since 1989
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If someone put an restraining order on me and later said

Customer Question

if someone put an restraining order on me and later said that it was thrown out and no longer in effect so one day u argue and she called the police on u and said u did horrible things but 80 percent of what the person is saying is mot true kand what can i do to help me get outki of this situation and the deal is i will have to do 90 days in jail
Submitted: 8 months ago.
Category: Legal
Expert:  Zoey, JD replied 8 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 8 months ago.

But first. . .

have you been arrested for violating a restraining order? Was the order a criminal or civil order? In what US st

Expert:  Zoey, JD replied 8 months ago.

I was hoping that you would respond to my question so that I could look up the law in your state. But I can give you a general answer, and if you need more specific information, you can replay and tell me what US state this occurred in.

If you violated a protective order in your state, that is a criminal offense, and if you are convicted of that crime, jail is always a possibility. It is more likely, however if you were convicted after a trial. Under normal circumstances, unless the violation involved injury to the complainant or had particularly ugly facts, something other than jail could be negotiated.

Here, you have a defense to the charges in that you were entrapped by the complainant into thinking there was no order and then accused of violating it. If you wanted to fight the case and have your lawyer try to show that you were set up by the complainant and that you didn't willfully violate any order, to the extent that your lawyer would be able to undermine the credibility of the complainant, you may be able to beat this charge.

Expert:  Zoey, JD replied 8 months ago.

If you require additional information, please post your follow up here on this question thread, and I’ll be happy to provide it.

Expert:  Zoey, JD replied 8 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.