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  1. #1
    Join Date
    Dec 2013
    Location
    Connecticut, United States
    Posts
    21

    Default Restraining Order Granted Without Any Testimony or Evidence

    My question involves restraining orders in the State of: CT

    In June of 2013 I was served with a restraining order from an ex girlfriend that I kicked out of my house. I even went the added step of hiring a lawyer who specializes in Real Estate law to make sure I kicked her out proper and removed her possessions from my home properly.

    The original restraining order alleged that I was molesting my child and threatening the petitioner. It was written to suggest that she had stayed in my home for so long, even though I was abusive, for the sake of my child. None of this is true and I had plenty of evidence of her pleading for me not to kick her out and she had zero evidence of anything.

    Just prior to the hearing date I received a few bounced emails from someone using a web-to-phone texting service to send her threatening messages designed to look like they came from me. I printed all of my evidence up and went to the hearing. The hearing went as follows:

    <i>swearing in</i>
    Judge: Are these allegations true?
    Her: Yes.
    Me: No.
    Judge: Order granted, case closed. Next?

    No evidence was provided against me and the order was just granted. Every lawyer I have spoken to since this hearing has acted shocked that it went that way. There were several hearings ahead of mine and they all involved evidence being shown.

    This is where another issue pops up. The petitioner is a paralegal who used to work extensively in this courthouse.

    Well, this order just expired and on the very same day it expired she filed a new one alleging harassment, death threats, threats to kill her if she contacts the police and some vehicular attempt to run her off the road. These acts were supposedly performed by me and/or friends of mine. Again, nothing is true. In fact I don't even know where she lives because she left her address off of the orders.

    Where it gets interesting is that when I contacted my lawyer I tried to pull a call log off of my cell phone and accidentally rang her line with my phone. I canceled the call as soon as I saw it dialing out but it still showed as a missed call on her cell.

    She immediately notified the local police and I got a call. I explained that it was accidental and the officer told me that the petitioner had been asked if this was a problem and she responded no, that this had been the first and only time I had ever done anything in violation of the order. Which I find rather odd because the reasons she lists for needing this new order are nothing short than serious violations of the existing order!

    I have a hearing on Monday to deal with this new order at the same courthouse as the other order. What do I do to stop this? If I bring a lawyer I can get this one squashed but then she can go down to the clerk's office and file another. Wash, rinse, repeat.

    How do I get this person to leave me alone and stop using restraining orders as a form of harassment?

  2. #2
    Join Date
    Oct 2006
    Posts
    15,624

    Default Re: False Allegations Petitioner Has Friends in Court House

    Make sure that you hire an attorney to defend you on this issue. That is the only real way to properly defend yourself in a circumstance like this one.

  3. #3

    Default Re: False Allegations Petitioner Has Friends in Court House

    Seriously? Nine out of ten baboons have the common sense to remove phone numbers from their phones that they arent suppposed to be calling due to restraining orders. Most judges won't care if it was accidental or not - just the fact that you retained the number instead of taking the obvious step of removing it isn't going to come out in your favor.

  4. #4
    Join Date
    Aug 2013
    Posts
    81

    Default Re: False Allegations Petitioner Has Friends in Court House

    Quote Quoting aardvarc
    View Post
    Seriously? Nine out of ten baboons have the common sense to remove phone numbers from their phones that they arent suppposed to be calling due to restraining orders. Most judges won't care if it was accidental or not - just the fact that you retained the number instead of taking the obvious step of removing it isn't going to come out in your favor.
    CTGamer, deny culpability. Deny that you intentionally called. Deny that you knowingly called. It's very simple. Also, if you can get someone credible to argue that you lack common sense, that may help your case. Also, be cautious from whatever you encounter from aardvarc. Sometimes violations are strict liability issues. I believe aardvarc to be a profiteering sophist who defrauds people in relation to domestic violence issues. Aardvarc, where is your source?

    Also, that your case originally went that way shows an injustice in the legal system. You should have immediately appealed. If she continues to abuse the restraining order process, you can get her to be sanctioned. You may also want to consider suing her for fraud.

  5. #5
    Join Date
    Jul 2010
    Posts
    7,646

    Default Re: False Allegations Petitioner Has Friends in Court House

    Ah, our resident anti-restraining order crusader has returned.

    How is aardvarc either a. profiting from what is posted here or b. defrauding people? I'll give you a hint, the answer to both is aardvarc is doing neither of those.

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