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  1. #1

    Default Recourse After Defeating A Frivolous Restraining Order


    I recently defended myself from a frivolous restraining order. We had exchanged a few nasty notes, and she used one of mine to file the order. I have material evidence as well as witness testimony that, not only was she not afraid of me, but she filed the order because I was demanding she pay for two overdrafts I created while paying the bills on their final notice, so we wouldn't lose electricity and water. I figured it would be an appropriate fee for 6 months of delinquence. According to my roommate, who was one of our "legally recognized" third party contacts, the day before the hearing, said she wouldn't show up if I waived her late fee. Before I was thrown out of my house, I was looking into having her served with a civil suit for the late money and the overdrafts (I knew I probably wouldn't get the overdrafts, but I figured it would show her I was serious, and I probably never would have even had to go to court.) I have material evidence that these were my plans.

    Anyway, the restraining order was dismissed, but It has cost me substantially, both financially and emotionally. I have a spotless criminal record, and have never been arrested for anything. My only contact with police prior to this abject humiliation consists of a few traffic tickets from many years ago, and a statement I once had to give after witnessing an assault.

    Financially, I am in ruins. Everything is late, my account is overdrawn, I have no resources, and no one will help me. I've borrowed all the money I can from friends and relatives, and had to live out of a suitcase for two weeks at another friend's house. I've tried every pro bono program I can find, and the state's legal services won't help sue anyone. She has resources she can draw on to obtain a lawyer with ease. I can't fight a lawyer in court! I can't believe the State would issue restraining orders so readily and yet provide no protection to any who might be the victim of a frivolous one! How much do the taxpayers have to pay for this crap?

    Anyway, if anyone has any advice, I'm at the end of my rope. Unfair laws are not my area of expertise. Now that she's learned how easy it is to destroy a life on a whim, with the State's help, what's to stop her from doing it again? What about the next guy? This is ridiculous!

    I need help.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Recourse After Defeating A Frivolous Restraining Order

    Talk to a lawyer to see if you can make a valid civil claim against her, and to discuss the odds of recovering an amount of damages to make it worth litigating.

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