I was served today with a summons for an Order Of Protection from my ex-girlfriend, stemming from a previous incident. I know that it is her right to request something like this, but I have not had any contact with her whatsoever since the incident (like she asked). I have made no attempt to contact her through any means, and the last time I spoke to her, I apologized and was not at all hostile or threatening. Basically, I have had no intention of contacting her, and certainly no intention of harming her in any way -- so I am confused why this is necessary.
Anyway, since I wasn't able to get a hold of a lawyer tonight, my question is this:
What does this emergency order mean? Can you file a request for an order of protection by itself, or does this mean there must be criminal and/or civil proceedings on the way?
2007-06-20 14:01:55 · 4 answers · asked by the wanderer 1 in Politics & Government ➔ Law & Ethics
No, it doesn't necasarily mean that you'll be charged. You haven't been arrested or served with a warrent. You can get an order of protection with out pressing criminal charges against the other party. If you reall don't intend to contact her, it shoulldn't be a big deal for you. But if she was scared enough to file this order, just give her the peace of mind of appearing in court and responding to the order. Take responsability for anything that may have happened, and it will look much better for you. A judge will usually not allow this type of request unless the victim has provided proof of an incedent. Just do as they ask, and obey the order of protection, and you'll be very well off.
ps. the order of protection is basically just a restraining order.
2007-06-20 14:16:57 · answer #1 · answered by Cait 3 · 1⤊ 0⤋
You can request an order of protection without filing charges. One would simply submit an affidavit to the court as to why the protections is needed. However, the order works both ways. DO NOT allow her to contact you. If she calls, hang up on her (the police can easily verify the length of the call), and if she comes over, do not open the door call the police and explain the situation. She obvoiously does not trust you and you should not trust her either.
Obtaining a lawyer would be a big waste of money.
2007-06-20 14:17:34 · answer #2 · answered by Lesleann 6 · 1⤊ 0⤋
what are you refering to as far as the incident.sounds to me like something has happened recently for an emergency order to be granted by the judge it is good for 2 years min and you are not to have any contact directly or indirectly and yes you can file for an order of protection by itself sounds like there is criminal proceedings on the way just stay away from her
2007-06-20 14:17:56 · answer #3 · answered by Anonymous · 1⤊ 0⤋
My guess is that if it's been over two weeks since the "incident" and you haven't had contact at all, including sending messages via email or friends, you're about to get sued and / or arrested.
Do NOT call her and ask what its about. Do NOT call her friends or family or anyone that ever heard of her.
Get a lawyer and deal with it.
2007-06-20 14:08:09 · answer #4 · answered by open4one 7 · 1⤊ 0⤋