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Roomates/Restraining Orders

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ReallyNeedsHelp

Junior Member
My roomate and girlfriend got into a fight. Things got heated and my girlfriend ended up pushing him where in he punched her in the face. She hit him back harder giving him a bloody nose.
This took place on March 16th 2010.
A couple of days later, my roomate left a handwritten note on our door stating that she will get a restraining order on March 24, and needs to be out by then.
Never received anything.
March 27th 2010, my roomate called 4 policemen to escort my girlfriend out of the house. They showed the police (and not us) this "restraining order". The police where very rude to us saying that my girlfriend needs to be out and that she is being served even though she never received any paperwork.
I asked to see this "restraining order" before we left.
It was a COPY of a temporary restraining order that had a Judge's signature (which had a date for the 22nd then crossed out with the date 24th) and there was NO CLERK SEAL or CLERK SIGNATURE/DATE.
The cops told us that it was a legitimate T.R.O. but after looking up online, it says that there needs to be a clerk seal and signature.

IS THIS LEGAL?!
 


CdwJava

Senior Member
My roomate and girlfriend got into a fight. Things got heated and my girlfriend ended up pushing him where in he punched her in the face. She hit him back harder giving him a bloody nose.
This took place on March 16th 2010.
A couple of days later, my roomate left a handwritten note on our door stating that she will get a restraining order on March 24, and needs to be out by then.
Never received anything.
March 27th 2010, my roomate called 4 policemen to escort my girlfriend out of the house. They showed the police (and not us) this "restraining order". The police where very rude to us saying that my girlfriend needs to be out and that she is being served even though she never received any paperwork.
I asked to see this "restraining order" before we left.
It was a COPY of a temporary restraining order that had a Judge's signature (which had a date for the 22nd then crossed out with the date 24th) and there was NO CLERK SEAL or CLERK SIGNATURE/DATE.
The cops told us that it was a legitimate T.R.O. but after looking up online, it says that there needs to be a clerk seal and signature.

IS THIS LEGAL?!
She was almost certainly given a hearing date along with the paperwork. She can ask the judge at that time. In the meantime, consider that the copy she received was NOT the original and likely does not have the official stamp or signature - the court probably has that.

In any event, she can ask the judge when she goes to court on the hearing date.
 

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