Schoolyard argument

[Smileygirl]

What is the name of your state (only U.S. law)? Michigan

I was involved in a verbal altercation with a classmate. I in no way made any threats to her. She decided to petition the court for a restraining order against me which would force me to drop out of school. The entire petition is full of false accusations portraying me as a violent monster. Our school offers job placement but who would refer a person like that? She also falsified the date of the incident to make it seem she was so in fear that she immediately petitioned the court which in truth was done 2 days after the incident. She had sinced dropped out of the class deciding to restart at a later date but since i was served the order she has come up to the school everyday at dismissal time just because( perhaps to intimidate me into saying something to her so she'll actually have a case) What should I do?Can I sue her for defamationof character, court fees, cost of missing school for court or anything else?

[Proserpina]

Originally Posted by Smileygirl

What is the name of your state (only U.S. law)? Michigan

I was involved in a verbal altercation with a classmate. I in no way made any threats to her. She decided to petition the court for a restraining order against me which would force me to drop out of school. The entire petition is full of false accusations portraying me as a violent monster. Our school offers job placement but who would refer a person like that? She also falsified the date of the incident to make it seem she was so in fear that she immediately petitioned the court which in truth was done 2 days after the incident. She had sinced dropped out of the class deciding to restart at a later date but since i was served the order she has come up to the school everyday at dismissal time just because( perhaps to intimidate me into saying something to her so she'll actually have a case) What should I do?Can I sue her for defamationof character, court fees, cost of missing school for court or anything else?

If she genuinely believed that you were a threat I believe you're out of luck.

Did you attend the hearing?

[Skyymiles]

Originally Posted by Smileygirl

What is the name of your state (only U.S. law)? Michigan

I was involved in a verbal altercation with a classmate. I in no way made any threats to her. She decided to petition the court for a restraining order against me which would force me to drop out of school. The entire petition is full of false accusations portraying me as a violent monster. Our school offers job placement but who would refer a person like that? She also falsified the date of the incident to make it seem she was so in fear that she immediately petitioned the court which in truth was done 2 days after the incident. She had sinced dropped out of the class deciding to restart at a later date but since i was served the order she has come up to the school everyday at dismissal time just because( perhaps to intimidate me into saying something to her so she'll actually have a case) What should I do?Can I sue her for defamationof character, court fees, cost of missing school for court or anything else?

I wasnt aware a RO would/could force you to alter your place of education...must be different in MI? hmmm in FL it cant.

[quincy]

Depending on the circumstances surrounding the issuance of a personal protection order or restraining order, the place or terms of education can be altered in Michigan (AND in Florida).

Smileygirl did not say whether she attends a college or a high school. In a high school, Michigan allows for the suspension or expulsion of a student and/or possible relocation to an alternative education program if conditions warrant such an action. On a college campus, college police and public safety can enforce no contact orders or "stay away" orders, which may mean altering class schedules of one student to protect the safety of another student, and the use by one student of some facilities on campus may be restricted.

Personal protection orders and restraining orders are issued to prevent violence or threatening acts, harassing behavior and sexual violence. They can prevent another from coming near you or contacting you in any manner. A violation of an order can result in arrest and jail time.

What you should have done, Smileygirl, is appeared at the hearing on the restraining order to fight the need for such an order. If this was an ex parte order, issued on an emergency basis, then the other student had enough "evidence" to support this emergency order. You will be notified of the next hearing on this temporary order and have the opportunity to present "your side" of the matter at that time.

Usually restraining orders will not be issued for "verbal altercations" unless there was a serious threat of physical harm, or the other party was fearful of physical harm. Were the police called on this altercation?

There is no defamation action you could bring against this student over the filing of a petition with the court. What is said in a petition or in a police filing is not considered true or false without an investigation into its truth or falsity.

You would be wise to hire an attorney and go over all of the facts, in order to fight the need for this restraining order.