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I was wondering if a counter restraining order can be filed…

Good evening, I was...

Good evening, I was wondering if a counter restraining order can be filed against someone?

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

The restraining order is a temporary one in Rhode Island. I live in Connecticut.

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

None. I was supposed to go to RI today for the hearing but court was cancelled due to weather. I have collected some evidence that the restraining order placed on me is falsified.

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

Just that 1) it's my sister and 2) I not only would like hers absolved but would like one placed on her so I no longer have to live in fear of this torment. Sorry, slow typer

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Answered in 58 minutes by:
3/22/2018
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 866
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

The good news is that if you have evidence that the restraining order should not have been filed and is falsified, then you have several options. The first is to appear and fight/challenge the restraining order that was issued by presenting your evidence and showing that there was not a need/the restraint was based on false evidence. With this being done, make sure to get a copy of the order ending/dismissing the restraint.

Then you have two options. First you could ask the same Court to issue a restraining order in your favor after showing the need. Or, you could return to Connecticut where you live and apply for one there so to have you sister have to come there to defend/address.
Just because one has been issued against you does not mean that you are not entitled to one, but if you can get the one on you dismissed first, absolutely pursue that as having a Court order saying that it was improperly/falsely issued will strengthen your case in obtaining one.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 3 months ago
Thank you

My pleasure! 5 Star ratings are always appreciated and you can also ask questions after rating me.

Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 866
Experience: Attorney/Member in Private Law Firm
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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