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View Full Version : How to get rid of an order of protection that you are not guilty of!


jamienicole
Apr 23, 2009, 08:49 AM
My roommate and I were the best friends ever... we moved in together. One day she gets all pissy with me and starts texting m y ex. Which I hadn't spoken to in almost 2 weeks. We both just knew it would never work... and my best friend wasn't ever friends with him. They started bashing me behind my back going back and fourth. Telling each other lies. Well, as we are sitting in our apt and she had just been very ignorant and short with me for about a week. I look over and see she has a text from my boyfriend... and I confronted her, asking her what was going on with her and why was she talking to him... at this point she tells me to off and it is none of my business. And of corse I let her know it was my business. She was my boyfriend and he was my ex that it wasn't her place to be speaking with him. And that I would never do the same to her. (as we both had similar situations in the boyfriend department) she told me to off that she couldn't stand me and that I was a lying backstabbing blah blah blha. And I was very upset... I left the apt and went to a friends and cried all night as she contimnued to text me and say verrrrry hurtful things so I just stopped txting back.

About 4 days later I come home and I had been living in the apt but we were just not speaking at all... and she tells me that I need to get out of the apt. asap. And I was like up no. this is also my apt and I don't have to go anywhere. She then tells me to get rid of my dog or she will do it for me. And I explained to her I would call the cops. And she said just try and prove it was me... she has a very ignorant hateful personality it had just never come out to me before... anyway the next day I am awakend by a cop handing me an order of protection telling me to grab what I need for the next two weeks and I had to leave. She lied on the police report saying that I threatened her and her belongings and was harassing her and everything. All of which I never did.

So question is. I have court today. No lawyer because I didn't do anything wrong but now I am scared I might have needed one. I feel very unprepared to walk into court but I never did andything wrong and I think she just did this because it was the only way she knew she could get me out of the apt.

How do I fix this. And if it goes wrong... what do I do?

Also do I have any rights or a case to sue her... I mean we just moved in that apt I had to pay deposits and lots of start up fees that I am now going to have to pay again. I also wasn't allowed in my home that I was paying for for almost 3 weeks... and it has def takene a toll on my work and school just because it is so upsetting. Please help with any advise you can

cooch
Apr 23, 2009, 09:03 AM
As far as I know there is no way to remove an order of protection. She would have to remove it. You definitely need a lawyer. As far as your apartment is concerned, are you on the lease? If so, you can go to landlord tenants court but be sure to take a lawyer with you. A restraining order is very serious. Be very careful and don't go near or speak to this person until this is cleared up. You could be arrested and be charged with a crime.

jamienicole
Apr 23, 2009, 09:43 AM
As far as I know there is no way to remove an order of protection. She would have to remove it. You definitely need a lawyer. As far as your apartment is concerned, are you on the lease? If so, you can go to landlord tenants court but be sure to take a lawyer with you. A restraining order is very serious. Be very careful and don't go near or speak to this person until this is cleared up. You could be arrested and be charged with a crime.


Well we have a hearing today. And yes I am on the lease. I have not gone near the apt or anywhere she may be nor have I contacted her or any of her friends or family since it was put in order. What I am asking though is how can this even happen when she has nothing to go by? I have done nothing to deserve the order of protection and she falsified a police report...

JudyKayTee
Apr 23, 2009, 10:41 AM
Go to the Court that issued the restraining order and request a hearing - take your proof and ask that it be dismissed.

That's the only way around this that I can see.

cooch
Apr 23, 2009, 11:36 AM
Unfortunately this can happen. It happened to my daughter. She had to go to court with a lawyer. She was nowhere near the person who charged her and the judge issued what is called an ACD which means that the order of protection will be dropped after 6 months if there is no more trouble. She could have had a hearing but the lawyer advised against it as there were no other witnesses (the person who brought the charges is a witness) and the court will usually go with the one who brought the charges. As I said, an order of protection is very serious in the eyes of the court. Again, you should have a lawyer.

artlady
Apr 23, 2009, 11:55 AM
How to Lift a Restraining Order | eHow.com (http://www.ehow.com/how_2140118_lift-restraining-order.html)