Q: Can someone name people's names on an assault 4 case and to add restraining order for people who wasn't even there
This girl is trying to add Hispanic which is my sister's boyfriend who she wants as her boyfriend adding him on a restraining order and he said he didn't want no part of but she said her attorney is handling it so he didn't have to be there she's just writing his name without his permission when he said he didn't want to be involved because he actually has an active warrant. Can she just list off a bunch of names when no one was there when she said she was assaulted and no physical marks and yet she's been harassing my sister and I trying to get me to tell my sister to stay away from him to leave him or she's having her arrested and lying about everything just to try and be with this guy because he was hit by a car and came into a bunch of money but he told my sister and I both he doesn't want no part of it. So what can she legally do with his name to her attorney without his physical permission and him signing the documents?
A:
In cases involving restraining orders, the individual seeking the order can request that certain people be included in the order. However, typically, there needs to be a reasonable basis for including each person. This usually involves demonstrating to the court that the person named poses a threat or has been involved in the alleged harassment or assault.
If someone is being included in a restraining order without any direct involvement or evidence of a threat, they have the right to contest this in court. The court will review the evidence and reasons provided for including each individual in the order. Without valid reasons or evidence showing their involvement or threat, it is unlikely the court would grant a restraining order against them.
For your sister's boyfriend, if he is being included in a restraining order without his consent and without valid reasons, he or his legal representative can appear in court to challenge this. It’s important for him to be aware of any legal notices or court dates related to this matter.
Given the complexity of the situation and the potential legal implications, especially considering the active warrant, it may be advisable for those involved to consult with an attorney. An attorney can provide guidance on how to respond to the restraining order and represent their interests in court.
Remember, each situation is unique, and the legal process can be complex. Having professional legal advice can help navigate these challenges effectively.
Timothy Denison agrees with this answer
A: She can identify and call witnesses she claims were there. You can do the same. Also, you will need to prove these witnesses weren’t present if in fact they were not.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
