Q: I was served a restraining order by my ex in which she has several false allegations.
I am a volunteer EMT instructor at my local college. I went to the library to take notes on next weeks upcoming curriculum. My ex claims to have seen me. And called campus security claiming that I was stalking her. She claims that I followed her down the stairs and waited for her outside. When in reality I got a call from my mother and hurried downstairs because I didn’t want to create a disturbance speaking on the phone. All the other allegations she has created against me are events that occurred more than 2 years ago when we’re still a couple and they’re events that actually occurred sprinkled with a bunch of lies such as threats of battery which never happened. I’m not worried about physical evidence against me because I have never threatened her. Especially not in recent. The only interaction I’ve had with her in the past 9 months is 2 emails and neither of them were threatening emails in ANY WAY. I talk about my past relationship on my social media but never anything more.
A: I don't see a question in your lengthy post but am assuming that you want to know what to do after being served with what's likely a Civil Harassment TRO (Temporary Restraining Order). TRO's can be filed ex-parte (with no notice to you) and are routinely granted by most judges.
However, your ex has to give you notice after the TRO is issued of a full blown hearing on what's called a Injunction to give you the right to present your side of the story (i.e. evidence). That's what Due Process is all about.
If she already obtained an Injunction without serving you with the initial TRO and notice of hearing date on the Injunction, your remedy is to file a Writ or Appeal. If that's the case, it would be best to you hire an attorney in your area to do that work for you because Appellate work is very complicated with all kinds of Byzantine rules including deadlines that have to be met to even have the matter heard by a higher court.
Good luck to you.
A: You go to court and defend yourself, and it is always a good idea to have an attorney. I had a case just like this, chance meeting at the library. The judge asked her: "What evidence do you have that he followed you to the library." answer: "He was there." No restraining order. But as Mr. Karas said, they usually issue restraining orders as a matter of course whenever it is asked for, I don't agree with this but they do it. Get an attorney to defend you, it will be worth the price.
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