Q: Can my former roommate say that she "fears" me even though we no longer talk or hang out in order to keep an FRO
The county court entered an FRO against me by default by sending the court notice to my previous house where I was prohibited. I'm no longer friends with the person nor do I any longer go to the same church. Can she come to court and simply say she "fears" me in an attempt to keep the order in spite?
A: There is a lot more than that to obtaining an FRO. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you will could get slaughtered (figuratively speaking). You need to retain an experienced matrimonial attorney, with extensive domestic violence trial experience. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
A: The order stays for life or until she asks for it to be rescinded. I suggest you hire a lawyer like Attorney Boyer to vacate the default if it is important to you as he stated, but expect to pay several thousands of dollars.
A:
Thank you for your question.
As part of obtaining a restraining order it needs to be demonstrated that you were in some form of household relationship, that a certain act of domestic violence occurred and that it is necessary for protection. It was likely entered because you did not defend against it. If you were not properly served the FRO should be appealed or motion should be made to vacate it for improper service. Based on your circumstances, I would suggest contacting an experienced family law attorney to address your specific concerns.
I hope this information was helpful to you.
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