A perpetrator of mortgage fraud has attained a temporary anti-harassment order against the victim in this case. Will this be dismissed? What can be done about the alleged criminal making false statements to attain the temorary order? How does one contest an order? Can it be done without appearing if victim is afraid to appear and face the perpetrator?
2006-07-22 11:59:03 · 4 answers · asked by crazibutrue 2 in Politics & Government ➔ Law & Ethics
The alleged criminal claims the victim in the fraud case harassed him by calling his cell phone numerous times to where he had to have his number changed. I am the person who he has attained the temporary order against by claiming such. I never ever called this mans cell phone ever. Can't I ask that this man produce the call details of his cell phone to prove my phone number is there? Bottom line is I feel this hearing for the permanent restraining order is his way of forcing me out of hiding so that he can harm me in some way, mentally or physically. I would like to take care of this without appearing. Think it's possible? I am in Washington State and I will have to travel to his county. Of course I am penniless and unable to hire an attorney let alone a bodyguard.
2006-07-22 16:16:05 · update #1
The alleged victim's ability to ability to fight the restraining order depends entirely upon the evidence. You did not specify what statements were made to get the order, what states were false and what evidence exists to oppose the statements.
If you state operates like California, it would be a good idea for the defendant to submit witness declarations to rebut the allegations against him or hear. Some courts offer clinics to show you how to do this. However, i strongly recommend that the defendant hire a local attorney. Really busy judges might glance and the paperwork and grant the permanent order without much input from the witnesses if the defendant is unrepresented.
2006-07-22 12:51:33 · answer #1 · answered by Carl 7 · 0⤊ 0⤋
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2015-09-07 23:52:04 · answer #2 · answered by Clay 1 · 0⤊ 0⤋
Well you shouldn't need one because if they bothered you they would be tampering with a witness, but if they are brave enough to tamper with a witness breaking an order of protection won't bother them either, so basically if you go get one, they give you a piece of paper, piss them off then IF they come around, they get arrested, and have to make bail, and they are really pissed off, so you're really in trouble.
2006-07-22 12:20:31 · answer #3 · answered by marquita 3 · 0⤊ 0⤋
Oh yes.. under our archaic justice system,. the victim can and is easily made responsible for anything.. That is why if I knew who murdered someone... or if I knew WHO robbed a bank or Wendy's hamburger joint.. I would NEVER NEVER say because under our system of criminal law, I would end up being the suspect.
2006-07-22 12:03:14 · answer #4 · answered by Anonymous · 0⤊ 0⤋