DOmestic Violence protection of order and ex parte protection of order

[silent inquiry]

What is the name of your state? NC

Me and my girlfriend of the past 2yrs and resided together for one recently had some problems. Words were said and threats were made out of anger, but no physical harm has been brought forth. She filed a domestic violence protection of order on Fri after I went to her apartment to pick up my things and she would not allow me to gather them....so I kicked the door and left...she filed the order of protection, stating I threatened to kill her and whoever she is involved with, that I came by her job(which I did not...that i sit in the parking lot in unmarked cars(no way) of her apartment....we have a court date set...I do not know what to expect...do I need a lawyer, is this just a restraining order, or will charges be filed and go against my record...if she doesnt show, will it be dismissed? I have never been in the system and it was just emotions running high!

 

[Grace_Adler]

I can't believe they even filed that. There were no witnesses, it is your word against hers. Most of the time they won't even waste their time without a witness. I've been stalked too and they won't even talk to you about that if you don't have a witness.

You can use this for your defense. Tell them you came to get your stuff and she wouldn't let you so you left. Tell them there are no witnesses and no marks on her. If there were marks, they should be in the police report.

When you go to court, ask for a continuance to get an attorney or asked for a court appointed attorney. Keep in mind, if you lose you have to pay the attorney fees.

Honestly, I don't see her winning this but that is just a personal opinion.

I will tell you, my husband's ex filed assault charges against him, which were false. I know so because the day she claimed he beat her up, he was with me and we weren't even in the state. He hadn't even seen her in like a month or more because they were seperated at the time. Now, we went to court and they continued it when she didn't show because they said she hadn't been served. So we went again and again she was a no show. We went again and she didn't show up again. On the third time (you are only suppose to get 3 continuances) he tried to get it dropped and the DA who was a royal bitch refused to do so. So we went and picked his ex up and she lauged and said "Oh yeah, I forgot all about that. Ha ha ha!" She thought it was funny. We took her to the courthouse and she tried to have it dropped and the DA still said no. Well finally on the 5th time to court they dropped it. Only because the judge was sick of the DA making up excuses to have it continued.

So, you just never know what is going to happen. Just be prepared for the worst. If you can afford an attorney, get one or at least get a consult with one. Make sure you show up for court or they will put a bench warrent out on you.

Like I said, me personally, I wouldn't worry too much without a witness or proof. They probably won't drop if she doesn't show up though. They can if they want but they may not. I've even heard of people getting arrested for not showing who are a witness or file a case like this and not showing.

Anyway, in the mean time, just don't have anything to do with her. Well, I would ask the police to go with me to get my stuff. Wonder how she would feel if you reported it stolen? Probably not too good to have accusations like that on her.

 

[childrenRpeople]

Threats and acts of violence

Threats toward another person that intimidate and cause fear for one's safety are abuse and grounds for a restraining order. Kicking someone's door is an intimidating act of agression and could also cause someone to fear for their safety.

Does anyone else have comments about this issue in the legal context?