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  1. #1
    Join Date
    Jan 2012
    Posts
    228

    Default Fighting a Retaliatory Petition for a Restraining Order

    My question involves restraining orders in the State of: Minnesota

    This is regarding my 13 yo and we filed a restraining order against a classmate of his.

    We (Mom and dad) filed a restraining order against a classmate of our 13 yo. The classmate was suspended for school for 3 days due to his last bullying episode before we filed. (Bullying has been going on for about a year now). Another student also filed a restraining order against this kid. I will call him "bully'. Mind you, since the bullying episode that pushed us to file a restraining order, the Bully continued to harass our son, the other child, and even more children. Physically assaulting one (while they were all together), but that child did not press charges. A request by Bully's parents was made to move court date out.

    Finally went to court. The Honorable Judge gave three options for Bully's mom (no attorney's were involved).

    1. Argue the case. Accept the Judge's ruling.
    2. Admit guilty and accept the restraining order.
    3. Not admit guilty but still accept the restraining order.

    Bully's mom picked 1. Argue the case. Accept the Judge's ruling. This was in our case and the other child's restraining order case. Our case went first, we argued the case, gave only one item of proof and that was enough, the Judge ruled Harassment and granted 2 year restraining order. The other child would have been next. The Honorable Judge continued to try to tell Bully's mom this is not a criminal case. He gave her 3 options and said he didnt know why on earth she wouldn't pick 3, as he kept saying Option 3. So she decided to pick option 3 for the next case (not admit quilty but accept the order). She then asked how to appeal our case where the Judge ruled Harassment/guilty.

    The Judge said it was her right. She can hire an attorney. However, it costs $500 or more to appeal and he has never seen one overturned. So that night, our son and the other child were served restraining orders (guessing retaliatory and unwarranted). Bogus accusations are in it, no physical backing evidence, all hearsay. Our order was granted based on solid evidence, proof, and admission by the child and mother that yes, it was Bully.

    So, to my question. We will have to miss work again, lost wages/vacation time, our son miss school, we will have to hire an attorney which will cost money. Can we ask for lost wages and attorney fees for when we have to go to court again on this bogus order and the appeal (if we would have to go for that as well?)? If the Judge already set the order of guilt and granted the restraining order of maximum 2 years, what do we do next for the Bully's mom filing a bogus order against our son and trying to appeal the Judge's ruling? Any advice is appreciated. Thank you

  2. #2
    Join Date
    Oct 2016
    Posts
    3,228

    Default Re: Not Sure on Next Step of a Restrainingorder Judge Granted Our Son Against a Class

    No
    You fight any future cases as they come.

  3. #3
    Join Date
    Jul 2018
    Posts
    1,648

    Default Re: Not Sure on Next Step of a Restrainingorder Judge Granted Our Son Against a Class

    You obviously should confer with an attorney.

    When you confer with your attorney, you should ask him/her if there's any provision in the applicable law for the recovery of these things.

  4. #4
    Join Date
    Dec 2016
    Posts
    172

    Default Re: Not Sure on Next Step of a Restrainingorder Judge Granted Our Son Against a Class

    Well now you know that the bullying behavior was inherited. Like mother, like son.

    Yeah, you will probably want to get an attorney. Make sure they ask, in the event the RO is overturned as retaliatory, that you get compensated for attorney fees and lost wages if possible.

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