O.K., If someone gets a restraining order against you, and they get hired by the same company you work for, do you still legally have to stay the required distance away from the person even if you got the job first?
2006-10-10 14:41:35 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
But what happens if you are walking down the street minding your own business and they come within the limit purposly?
2006-10-10 14:51:54 · update #1
Until a judge changes the order, yes. File a Motion for Review and let the judge know the situation. Chances are the judge will toss the Restraining Order.
2006-10-10 14:48:15 · answer #1 · answered by Salem 5 · 0⤊ 0⤋
You need to contact your attorney, if you have one; if not, call the court which issued the order and ask the court clerk to arrange a hearing for you with the judge. Explain the situation to him/her, and see if you can get a restraining order against the other person (that way they cannot bother you at work); or at least, get the original order modified. And BE SURE to discuss this situation with your boss, BEFORE the other person has a chance to do so. You will need your boss in your corner until you get this situation resolved.
RE your added info/question: Sounds like you REALLY need an attorney! And, you need to have a conference with the judge.
2006-10-10 14:52:37 · answer #2 · answered by flidais 2 · 0⤊ 0⤋
This question is best answered by the courts that issued the order. Also check with the police department in the area. Then go to your employer, talk to them, maybe they can work something out so you dont have any contact with this person during work hours. As for walking down the street sometimes this will happen. If you see this person ahead of time you may step into a store or cross the street till they pass by. If not just walk by and dont look or talk to them. Dont acknowlege them at all.
2006-10-10 15:18:51 · answer #3 · answered by richard b 3 · 0⤊ 0⤋
I think you have to stay away from the job, or quit. It sucks but they have that advantage over you.
The law assumes you were the bad one if the restraining order is against you, that may or may not be the case, but basically if this happens on the job-you will be the one having to look for another job.
2006-10-10 14:48:22 · answer #4 · answered by AveGirl 5 · 0⤊ 0⤋
You have terrible luck, man. Why the hell would they get a job at your same company AFTER the restraining order was in place.....? It stands to reason that they are actively going out of their way to be a pain in your butt, all because they have leverage on you with that whole restraining order bussiness.
Good luck, and good riddance.
A.
2006-10-10 14:45:51 · answer #5 · answered by Anonymous · 0⤊ 0⤋
In my home state, restraining orders work BOTH ways ... you have to stay away from them and they have to stay away from you. Contact the Court that issued the restraining order and explain the situation to them.
2006-10-10 14:51:57 · answer #6 · answered by kc_warpaint 5 · 0⤊ 0⤋
I'm pretty sure that you have to respect the restraining order, not the other way around, even if it is unintentional.
2006-10-10 14:45:37 · answer #7 · answered by bloop87 4 · 0⤊ 0⤋
You should speak to you local law enforcement officer about this so he can give you legal advice.
2006-10-10 14:44:44 · answer #8 · answered by Soapsuds82 2 · 0⤊ 1⤋
they will have to inforce a new order or they are violating your rights..they usualy can re-write it to say with in 25 feet or so but it has to be redone..
2006-10-10 14:45:51 · answer #9 · answered by Anonymous · 0⤊ 1⤋