background info: my bf called me asked me to go to his house. we were talking in front of his house which turned into argument. just a disagreement not physical or violent. he started saying he was going to file a restraining order. i didnt do anything to him or his property - we were JUST talking. we were in my car parked on side street then moved to his stoop then to sidewalk. i have proof hes called me and vm msgs to back that up. can he get a restraining order just because of a disagreement? will i be arrested? will i have a record?
2006-12-19 15:49:01 · 11 answers · asked by me 2 in Politics & Government ➔ Law Enforcement & Police
ps no i didnt get physical nor did he. he went next door to ask his landlord the exact adddress as he called police - if they both lie and say that i did something, will i be able to dispute that? i suppose having the calls registered on my caller id will be proof enough as will his vm mail messages. i dont know if police went as i got disgusted with the whole mess and left. should i have stayed? im worried that the police are going to come to my house in the middle of the night ....
2006-12-19 16:14:00 · update #1
He can do it. The judge will not waste time going over the "causes" and "proofs" and will just grant him the order. You will get arrested and have a record ONLY if you violate the restraining order (like will come near him, and he calls the cops). If you are not going to come any near him, then the order is not a big deal at all.
Here is what you can do: if he files for the restraining order, then you can file for one too against him.
2006-12-19 16:14:37 · answer #1 · answered by OC 7 · 0⤊ 3⤋
i had an order filed against me once. i sought the advice of one of them beady eyed lawyers. he told me to basically plead no contest. i think this is the right phrase. it basically means that you neither agree to or deny the allegations of the order, but you will abide by it. in my state, if you do this the order goes away in 1 year with no permanent consequences. if you fight a restraining order and lose, there are consequences that go on for ever....in effect you have a criminal record, even though you were not convicted of committing a crime.
any way the process varies by state im sure. here, the person asking for the order files at the sherrifs office. the sherrifs dept then serves a summonds to the respondant(you). a court date will be set forth in the summonds. you go to court, dressed nice with your sunday best on, and enter your plea. hopefully the plaitiff will come in ten min late reeking of cigaretts and booze and the judge will throw the whole thing out.
Possum
2006-12-19 16:03:51 · answer #2 · answered by hillbilly named Possum 5 · 0⤊ 0⤋
I wouldn't worry about it. Getting a restraining order on someone involves alot more than most people think. A person just can't go through the judicial "drive through" and pick one up on the way home from work, there has to be some solid proof to back it up.
2006-12-19 16:01:30 · answer #3 · answered by Anonymous · 0⤊ 0⤋
He can't just go get a restraining order. He will need to show some type of proof that you are harassing him or abusing him. If he does get a RO, just stay away from him, and you wont' get arrested.
Perhaps you need to be getting the RO....just bring in those Vm's you have.
2006-12-19 17:05:13 · answer #4 · answered by iloveeeyore 5 · 0⤊ 0⤋
particular he can get a restraining order All he has to assert is you have taken care of him , does not propose its actual . All this suggests for you is you ought to stay faraway from him completely , meaning no telephone calls and no touch .except he drops the restraining order . in case you do have touch all he has too do is call the police and you ought to be picked up for violation of the restraining order .have faith me its no longer something to play with. As far a it being on your record it quite is not quite now in case you violate the order and grow to be locked up it is going to type a record which would be with you for something of your existence
2016-10-15 07:04:27 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Simply put, you go to court over a restraining order, and a judge would have to accept the basis to it or it won't go through. So, no, he can't because of a disagreement, unless he pays the judge off or something....
2006-12-19 21:07:20 · answer #6 · answered by sheffield_11_atlanta 1 · 0⤊ 0⤋
in order to get a restraining order police have to be called and it would have to be a physical argument you will not be aressted a restraining order is a peice of paper telling u to stay away from that person
2006-12-19 16:05:47 · answer #7 · answered by dee_ann 6 · 0⤊ 0⤋
Your "bf" will have to show just cause (proof) to the judge to get a restraining order against you. Just saying it does not make it so.
2006-12-19 16:01:25 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You'd better have a solid reason or you can be prosecuted for filing a false report.
2006-12-19 15:53:05 · answer #9 · answered by Reba K 6 · 0⤊ 0⤋
Only in certain states....not in Georgia...I know that. You can in California however.
2006-12-19 17:26:58 · answer #10 · answered by marincaligirl 3 · 0⤊ 0⤋