I believe that my ex-husband is behind all this considering that I have put him in jail for domestic violence several times. I have had no contact with these people in over a year. She was not granted a emergency order against me. Do I need an attorney to represent me in this?
2006-07-20 09:37:46 · 18 answers · asked by JoJo 1 in Family & Relationships ➔ Marriage & Divorce
It is not illegal to apply for a protective order against anybody. She applied for one, perhaps at his coaxing, and was denied so that ends it. I don't know what you would get an attorney for. You can not sue her for applying. Unless something dire happens, you do not need an attorney. Just continue staying away from them. I hope they do not cause you any further duress.
2006-07-20 09:51:26 · answer #1 · answered by Anonymous · 1⤊ 0⤋
It probably wouldn't hurt, but if you have had no contact with them there is no way she can 'prove' that you have so she'll probably be laughed out of court, however, an attorney would be able to make her aware that if she continues filing false allegations against you she could very well end up being charged with a crime herself, it is not legal to use the judicial system to harrass someone else. He might also threaten to sue them for their behavior. If you contact your local bar association (in the phone book under attorneys or call the court house and they can give you the number) they will set you up with a lawyer to speak to really quick and the initial consultation is really cheap, but it gives you a chance to ask him (or her) what legal legs you have to stand on.
2006-07-20 09:50:22 · answer #2 · answered by dappersmom 6 · 0⤊ 0⤋
If she wasn't granted the order, then you don't necessarily need an attorney. If you have to go to court again, then I would consult with an attorney about the need for representation. I would check about the possiblity of filing charges against her for filing false charges/making false statements about you. If you incur costs because of her charges, I would also check about restitution to you for the money spent to defend yourself.
Other than that, stay as far away from them as possible. If they call or e-mail, save the messages, the caller id's, and the e-mails.
I'm very sorry that you're having to deal with this. Good luck and be safe.
2006-07-20 09:45:18 · answer #3 · answered by stseukn 5 · 0⤊ 0⤋
You should be entitled to a hearing before any order is made, and that should give you an opportunity to state your side of things. It would definitely help if you got an attorney. If it can be shown that the woman's filing was without any reasonable basis, it is possible that your state's law would also allow you to sue her to recover court and attorney fees, emotional distress, wages lost if you had to miss work over this, and so forth.
2006-07-20 09:43:00 · answer #4 · answered by BoredBookworm 5 · 1⤊ 0⤋
It wouldn't hurt to consult an attorney. Check the yellow pages to find one that offers consultations for free.
If this came from totally out of the blue then watch out. I know from experience that they probably aren't done messing with you. At least my ex didn't have the brains or the guts to involve the legal system.
2006-07-20 11:23:03 · answer #5 · answered by theoriginalquestmaker 5 · 1⤊ 0⤋
Get an attorney to represent you. Do not make any contact with them until this issue is settled.
2006-07-20 09:51:08 · answer #6 · answered by forever 2 · 0⤊ 0⤋
If she was not granted the order I would not worry. If you have to appear in court just be honest with judge. Judges are smart people they can usually tell when someone is telling them a story. If you have not had contact with them, you have nothing to worry about.
2006-07-20 09:45:35 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Who knows if you need representation. But call a local attorney in your area and get a consultation. They should be able to tell where to go from here.
2006-07-20 09:41:30 · answer #8 · answered by stephanielara87 2 · 0⤊ 0⤋
Just stay away. Document everything that has happened as it happens. Video tape if you can anything. An attorney would be nice if you can afford it.
2006-07-20 10:17:33 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Since you have had no contact then yes get a lawyer because it sounds like it's going to get a lot worst.
2006-07-20 09:49:24 · answer #10 · answered by Anonymous · 0⤊ 0⤋