Can I fight this bogas restraining order?

10 ⤊

Can I fight this bogas restraining order?

My fiance is 17, and just had a miscarrige with our first child. I am 19. While she was pregnant she was living with me with her mothers blessing. After she miscarried her mother and step father made her move back in. Now they are filing a restraining order against me, for nothing as far as I know. I have not hit her or threatened to hit her. I in no way am going to cause harm to her. I am not the reason for the miscarrige. I have NEVER done any harm to her. But they told me I am to never contact her again. So I have in essance two questions. 1.) If she contacts me, would I be allowed to speak to her, they said i am not allowed to contact her, but she can contact me, correct? 2.) Can I fight this since they have no basis to file an order? And if so how would I go about it?

2007-12-09 13:28:24 · 20 answers · asked by johnnyboy 1 in Politics & Government ➔ Law Enforcement & Police

2007-12-09 13:40:38 · update #1

20 answers

The court will not grant a restraining order unless there has been some violence or the threat of violence. They can still bar you from seeing or speaking to their daughter though since she is under 18. Just ride it out until her birthday, and forget about it.

2007-12-09 13:33:02 · answer #1 · answered by missbeans 7 · 2⤊ 0⤋

Question is, were you actually SERVED? If not, and if you are not served, then they're possibly blowing in the wind, trying to scare you into staying away. For now, I'd recommend doing just that for HER sake as well as your own, whether you're served or not. Once she turns 18, if you and she are still interested, then go from there. Once she is 18, she can legally move out of her parents home and make her own choices. Until then, stay away.

BTW, if SHE doesn't want it, then it's possible that the judge may throw it out, who knows. That would depend on the Judge and how convinced he is that your gf's parents are lying. If she backs them up, then the judge will find against you and you'll have that restraining order, no matter what.

2007-12-09 22:20:41 · answer #2 · answered by Lev8mysoul 6 · 1⤊ 0⤋

If she contacts you, run away as yes you still can go to court. You need to sort this restraining order out before you actually can talk to her and if she keeps on contacting you, you should go see the solicitor as she broke the agreement and it will be all over. If this is the start of your relationship, I don't think it will be worth it. The pain both of you will be in while her parents are still around. You really need to think of where this relationship is going and just remember, you are both still young, a lot younger than me. I am also truly sorry about the miscarriage. Believe me it was definitely not your fault at all, it was probably her parents.

2007-12-09 21:37:19 · answer #3 · answered by Ms Angel 4 · 0⤊ 0⤋

They have to get a stay away order
Restraining orders are for violence verbal/physical and put them/her in fear of her life.
1 First the court has to put the order in effect.
If that hasn't happened you can talk to each other BUT I WOULD JUST WAIT TILL SHE IS 18.Then you will be SAFE
2 You have to wait until they get one on you by the court
The police will SERVE you with the Restraining Order.THAT IS WHEN YOU HAVE TO STAY AWAY
IF SHE CONTACTS YOU,TELL THE POLICE SHE IS CONTACTING YOU. COVER YOUR BUTT
On it will be a day to appear to have it continued.Usually 3 days
That is when you can present your side
It's up to the Judge weather to continue it or drop it.

I don't know about Ohio but that's how it's done in Massachusetts

2007-12-09 21:50:45 · answer #4 · answered by mw 7 · 0⤊ 0⤋

Is it possible that she was not old enough to consent to having sex in the state where you live at any time prior to and up to her getting pregnant? If so that could constitute statutory rape. Her mother may have been willing to accept her living with you only because she was pregnant and still a minor, and you were willing to do the right thing if you were not already engaged prior to her getting pregnant. Rather than go after you for possible statutory rape, this may be their solution.

2007-12-09 21:36:57 · answer #5 · answered by pita4pres 2 · 0⤊ 0⤋

You need to get a lawyer. A restraining order on your court record will not be good for you down the road. Any number of people, like an employer, could find it and deny you a job, etc...

If you cannot afford a lawyer, than contact the local free legal aid office.

2007-12-09 21:32:57 · answer #6 · answered by wcowell2000 6 · 2⤊ 0⤋

Dude, you're a guy so you're boned. If they file the order then your best bet is to avoid her like the plague. Sounds like her parents don't want you around and if she's agreeing with them then any contact could be used against you. She's a minor and you're not, so don't expect any pity from the law at all. It's not that hard to get a restraining order filed against someone and it's very, very hard to fight one.

2007-12-09 21:33:12 · answer #7 · answered by wolfatrest2000 6 · 3⤊ 0⤋

You didn't say whether the restraining order (or order of protection) has been served on you. If it has, you cannot communicate with her until a hearing is held. If you have never threatened her or abused her it will be dismissed and you will be free to contact her.

2007-12-09 21:33:28 · answer #8 · answered by deerhunterlll 1 · 1⤊ 0⤋

1) DEPENDS ON HOW THE ORDER READS--NO CONTACT BY EITHER PARTY?

2) YES THEY CAN KEEP YOU AWAY--SHE IS 17 AND MOST STATES SAY 18 IS LEGAL.

3) DID NOT HARM HER? SEXUAL ASSAULT OF A MINOR. LET HER TURN 18 AND THEN DO NOT WORRY ABOUT IT WILL BE WATER UNDER THE DAM.

SEND NOTES TO HER VIA A FRIEND YOU BOTH KNOW.

2007-12-09 21:36:30 · answer #9 · answered by ahsoasho2u2 7 · 0⤊ 0⤋

Bro, let it go and move on.....

1) Talking to her (either way) and her parents finding out are the ingredients of BIG TIME trouble!!!

2) I don't think you can fight a restraining order.

Hope this helps!

2007-12-09 21:33:03 · answer #10 · answered by Phil M 1 · 1⤊ 0⤋