I tried to defend myself against a Temporary Restraining Order (TOR) and did not do a very good job in getting my side of the events before the judge, forgot to ask a few questions of the witness that would have brought some details to light and failed to sum up my position at the end of the hearing. Needless to say I am not an Attorney and did not know what I was doing or what to expect. Now that I have a TOR filed against me for the next 3 years is it possible to hire an attorney and challenge the original ruling against me?
2007-09-05 15:54:41 · 6 answers · asked by Stater 2 in Politics & Government ➔ Law & Ethics
Here is the what and why of this question:
I am dealing with an angry girl who is using the legal system and her friends to get back at me in what ever way she can. This nut job has now filed a Restraining Order and I have no desire to go near her yet I fear that if I do not try to stop the Restraining Order it will come back to haunt me when a potential employer does a pre-employment background check.
2007-09-05 16:17:00 · update #1
Let me state that not having a TOR or getting a TOR overturned does not enable you to associate with a person.
I have no need or reason to go around miss crazy nut job I just don’t want this in my record.
I do know that fighting a TOR is a uphill battle and most judges will error on the side of caution.
If I had any way to cover the cost of a lawyer I would have, I did go to Legal Aid but the help I got there was useless with out a lawyer to execute the actions in court.
My advice to anyone going to court for any reason "get a Lawyer because you are not only paying for their legal knowledge but their familiarity with the process" and "Leagal Aid is useless when you are on your own and your challenger shows up with a lawyer".
2007-09-05 16:32:48 · update #2
No, except to the states supreme court on constitutional grounds.
Very few surpreme courts will overturn a decision of the finder of fact as they weren't there. If it is a legal issue it could be different though! Not just because you disagree. TRO's are generallytaken seriously and no judge is going to want to make the mistake of having a decision blow up in their face! So you have uphill odds.
You should have had a lawyer!
You can ask for a reconsideration, but generally that is within a very narrow time frame!
I agree with booman! Move on...and get some help if you need it. And if anger is an issue, you need it!
2007-09-05 16:02:26 · answer #1 · answered by cantcu 7 · 1⤊ 1⤋
an ex parte temporary restraining order is something the judge issues to one of the spouses (usually the husband) while the divorce proceedings are pending. ex parte means the judge will issue it without the husband present to contest it. Usually, these are very temporary because the system feels that people ought to have the chance to object to limitations on their freedom, which a restraining order definitely does. Basically, it is an order from a judge telling your husband to stay x number of feet away from you and it is in effect for x amount of time.
2016-05-17 17:49:03 · answer #2 · answered by mattie 2 · 0⤊ 0⤋
I suppose you could, but why would you want to? If the person doesn't want you to be near her, you're better off staying clear. If you do, there's less chance she can accuse you of anything. If you happen to be at a public event at the same time, just keep your distance and don't interact with her.
2007-09-05 16:03:23 · answer #3 · answered by faireminded1 3 · 0⤊ 1⤋
anything can be challenged. I would suggest that you get any attorney asap.
Because you have a restraining order against you, you have now lost your second amendment rights.
Now does that help you to decided to get an attorney?
2007-09-05 15:59:57 · answer #4 · answered by Anonymous · 0⤊ 1⤋
First of all you had a fool for a lawyer. Come to think of it, enough said.
2007-09-05 15:59:21 · answer #5 · answered by Anonymous · 0⤊ 2⤋
Got it bad huh? Why don't you just stay away and let the person who doesn't want you in their life go about their business?
2007-09-05 16:00:01 · answer #6 · answered by booman17 7 · 1⤊ 3⤋