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I wanted some advice. story short I met this girl via

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I wanted some advice. Long...
I wanted some advice. Long story short I met this girl via facebook. We met up two times and she ended up stealing a check of mine. She completely filled it out and signed my name. She deposited into her personal Wells Fargo bank account. It was in the amount of 3500 dollars. When I realized what happened I asked her to return the money via facebook and she said no I gave her the check and if I filed a police report she would sue me for deformation of character. Granted we spoke for a month in a half via facebook, text and phone. She asked me if I would help her pay for some surgery that she wanted and I could give her cash, check or send it through a app. I told her at the time via facebook I would think about it and give her cash or a check. When we hung out again I didn’t give her anything and the way she was talking about certain things completely turned me off so I left. TD bank did their fraud investigation and determined that was not my signature on the check and they contacted Wells Fargo. Being that I didn’t do a police report at the time Wells Fargo would not return the money to TD bank so TD bank just gave me the money back into my account and took the lost. It never sat well with me that even though I got my money back through my back, my bank is out money and this girl walks away with a free 3500. I got my money back from the bank on march 13th. This past Saturday police showed up at my door and I wasn’t home. I went to the police station 20-30 minutes later and I was served with a temporary restraining order. This girl went to the police in her town and said I have been harassing her, calling her from unknown numbers and texting her from different phones. In the report she made it was 7 pages of texts. I have never contacted this girl at all the last time was a month ago to 5 weeks ago via facebook when I asked her to return the money when she said no there was nothing left to talk about. I told the cops what happened and filed a report on her for check fraud and told them she made this fake report in retaliation because she found out I reported her to the bank. The cops were on my side and said don’t worry I’m not in any trouble. I have court tomorrow and I was told bring the copy of the check, the police report and information from TD bank and tell the judge what happened and I’m 33 with no record I have never been locked up before or in trouble even my license has no points. I don’t get in trouble. The cop there said this order should be dropped and not turned into a permanent restraining order. If it does this goes on my record. I wanted to know any advice you can give me and do you think this can turn into a permanent restrain her order?
Submitted: 28 days ago.Category: Legal
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Answered in 2 minutes by:
3/28/2018
Lawyer: Nisha Jones,
 replied 28 days ago
Nisha Jones
Category: Legal
Satisfied Customers: 2,598
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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Customer reply replied 28 days ago
Thank you. Again, I have never been in trouble before. The LT at the police station I live in New Jersey told me he has seen cases like this and these days people can download apps and text themselves and also he couldn’t remember the name he said there are apps that someone can text their phone and your number meaning mine would show as if I’m texting them. I just want to know when I go to court tomorrow what you think will happen after everything I told you. She’s the one that robbed me which is confirmed but I never contacted her at all.
Lawyer: Nisha Jones,
 replied 28 days ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 28 days ago
Ok
Lawyer: Nisha Jones,
 replied 28 days ago

Again, I'm sorry to hear about your situation.

Based on the information you've shared, no this should not turn into a permanent restraining order.

You have ample evidence demonstrating the fraudulent behavior of this person, and their attempted extortion of you.

Just be sure to bring to court with you all of the evidence that you mentioned above, and you should be able to obtain a ruling in your favor, and to get the temporary restraining order dismisses as well.

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!

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Customer reply replied 28 days ago
Why if when we are in court she says I said I would give her the check or cash which I did say via facebook but when I met her I decided not to, again she stole a check out of my car and filled it out and signed my name. All of that is confirmed. The main question I have with these texts she’s claiming I sent why if she says it was me when it wasn’t. How would the judge determine if she’s telling the truth or if I am? From what the LT told me nothing threating was in the texts besides “ you will regret this I promise “. Again, I did not call or send any texts to this crazy woman..... Please give me as much advice as you can I cannot have this on my record. What are the odds it will go in my favor? And thank you for all of your help I truly appreciate it!!
Customer reply replied 28 days ago
I don’t know if you would know but with these apps this LT told me about do you think the police station or the judge had these app numbers traced? Can it trace back to your legit phone? Maybe then they can see it didn’t come from my phone and maybe hers and she has been texting herself this whole time blaming me or is that not possible?
Lawyer: Nisha Jones,
 replied 28 days ago

With regard to the app, it may in large part come down to your word against hers.

However you have substantive evidence in your possession with regards ***** ***** fraudulent behavior, which would lend credence and weight to your testimony in court.

Her past messages threatening extortion, as well as the information from your bank, demonstrate her dishonest and manipulative behavior, which the judge will undoubtedly take into consideration when listening to her testimony.

Additionally there has been no physical violence, or threat of physical violence from what you've mentioned, that would warrant a restraining order being granted.

I hope that helps! Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Customer reply replied 27 days ago
It does help. Last question in family court do both parties state their case at the same time to the judge or are we called in one by one? On what ground would god forbid this turn into a permanite order what does the judge have to see to grant that? Thank you
Lawyer: Nisha Jones,
 replied 27 days ago

Generally both parties are in the courtroom at the same time, each party is given an opportunity to present their side of the case.

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Lawyer: Nisha Jones,
 replied 27 days ago

The judge has to see some proof or evidence that you actually pose a threat of physical harm to her or proof that you have been stalking or harassing her.

This can be proven in a number of ways, even through the texts she has. However you can present evidence in your defense, as to the falsity of those messages.

I hope that helps!

Don't forget to rate, thanks!

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Customer reply replied 27 days ago
With everything I told you do you think I should adjourn this and hire a lawyer? I was reading if it is granted which I truly don’t see happening but in case this goes on your record and it maybe hard to get a job. I have the copy of the check on me that signed filled out and signed, I have to copy of checks that I filled out back in Jan just to show the judge what my signature and hand writing looks like and the police report I filed on her. The only thing I couldn’t get was TD bank final report on their invistagation even though I got my money back I wanted to show th judge TD bank backing me in writing. I tried to go down yesterday to a branch and get something in writing and the manager said the fraud department is backed up and that would take time getting but if a court ordered a order it would speed up the process. What do you think I should do? Am I over thinking this?
Lawyer: Nisha Jones,
 replied 27 days ago

Ultimately the decision is yours, and the information here does not constitute legal advice, just general information .

Yes, it is always advisable to hire an attorney experienced in this area to represent you and make sure your interests are adequately protected.

I hope that helps!

Please take a moment to leave a positive rating as the site works on a good faith basis that you leave a positive rating in exchange for my helps and answers to your questions. Thanks.

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