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The morning of 06/14 I told my ex-partner I no longer wanted…

The morning of 06/14...

The morning of 06/14 I told my ex-partner I no longer wanted a relationship. The situation escalated, he became unstable (calling me names, talking to himself in the third person.) I took our dog into the bedroom to pack some of my belongings and leave. My ex-partner ran to the precinct and falsely alleged I was a threat to myself/him, unstable, and off medication. The police arrived at our residence 10 minutes later. I was cooperative and calm throughout my interactions with law enforcement. It is my understanding it is protocol, however, I was taken to Interfaith Medical Center, evaluated, and discharged in 5 hours. I have been afraid to go home, I want to retrieve my belonging, move forward and away from my previous relationship. I believe our dog was ours, though I have realized I may have to let him go for the sake of drawing this ordeal out. I have been out of town staying with close friends and my parents this past week since the incident. His lawyer has contacted my mother telling her my ex would like to reconcile, though I do not want to. I feel guarded and scared. I want to protect myself. My therapist advises I follow any instructions the police have given me (file the order and take it to the Queen's Co. sheriff's office), to email his lawyer and arrange a time for him to be present while I pick up my property.Why would his lawyer contact my mother? Do you recommend I file the protective order, will that further upset him? Can you think of any issues that may arise if I do file?

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

I am in Silver Spring, Maryland, just outside of DC.

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

I have spoken with a lieutenant at the Queen's Co. sheriff's office.

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

He advised I go to the Queen's family court office in Jamaica and file either an order of protection or order of exclusion. Take the order to the sheriff's office and arrange a day to have someone standing by

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Answered in 1 minute by:
6/23/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,317
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you think your partner is a threat to you physically? Has he made threats physically to you in the past? Are you still living in the same location or did you move?

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Customer reply replied 1 month ago
I am not sure, his behavior has been erratic and I do not trust him. The day of the incident he spoke to himself in the third person, he was verbally abusive (name calling, yelling). My belongings are still at my place of residence. I would like to retrieve them by the 1st of July.
I am currently staying with my parents in Maryland, the DC Metropolitan Area.
Customer reply replied 1 month ago
Can we please communicate via messaging for now? I am reaching out at the moment to get a sense of whether I should file an order of protection.

I see what you mean. So, generally, restraining orders can be issued by a local court if you have reason to believe that you are going to suffer some sort of violence against you. In this case, although his behavior is erratic, the lack of any violence or threat of violence means that a court is not likely to grant you a restraining order if you file one. Thus, I don't recommend you file one. If you do, you'd have to go to court and have to try to explain to the court why you deserve one. Even though he is upset about the break up, it doesn't necessarily mean he is a physical threat. In addition, you may prejudice your opportunity in the future of getting one if you file one now without merit.

To answer your other questions, it is possible someone begged the lawyer to contact your mother about this situation. This is especially true if you trust your mother and many times lawyers will go to a third party whom another party trusts to get things done.

Because I value your input, I would like to know what other questions did you have for me today that I can help out with:-)?

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Customer reply replied 1 month ago
Thank you for your help. Say I do not (attempt) to file an order of protectio:If his lawyer somehow communicates my ex-partner will not be there and he does show up, what can I do?

I see. If you do file for a protection order, and he doesn't show up, it is likely the court will just grant it because there will be no evidence to the contrary regarding your claims. He would still be bound by the order.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

Legal Eagle
Legal Eagle, Lawyer
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Satisfied Customers: 14,317
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Customer reply replied 1 month ago
Do you think it is wise to file prior? I have a feeling he is seeking legal advice. Well, his lawyer (friend) has already reached out. I am trying to figure out what he could do. Again, he made false allegations concerning my mental health, I was evaluated and discharged. Can he somehow use this against me? What, if any, are the consqeunces for making false allegations.

Based on what you provided,I don't think that he has any case against you. You broke up and that's not illegal. He could try to have you committed, but the law requires that a physician or some other medical professional determine that you should be committed. If it's already been shown that you shouldn't be, then even despite his claims, it won't happen. If he does it again, then you should definitely file for the protection order.

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Customer reply replied 1 month ago
Is there an amount of time I would have to file an OP after the incident?

There's no statute of limitations; however, the longer you wait, the more difficult it'll be for you to prove your case.

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Customer reply replied 1 month ago
In this situation, what would my ex-partner possibly be worried about in terms of pressing charges against him? Once again, false allegations described in a previous message, that were cleared by the medical center?
Customer reply replied 1 month ago
I understand, so it has been a week. I have not been home, I have missed work.

There might be a criminal law against filing a false claim regarding involuntary commitment. You could speak with your district attorney in your county to find out for sure. You may be able to sue for false imprisonment if he has you committed without any actual proof.

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Customer reply replied 1 month ago
I rated your service and I cannot see your most recent answer. Can you please resend?

Sure thing.

There might be a criminal law against filing a false claim regarding involuntary commitment. You could speak with your district attorney in your county to find out for sure. You may be able to sue for false imprisonment if he has you committed without any actual proof.

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