Let the games begin. Qunicy, are you out there?

[sloane]

MASS.

Here we go again. My son had RO placed on him a year ago. per our lawyer, they told us not to fight it, its just a civil case and he just needs to stay away.
so he did,

within the year, she has filed 3-4 false allegations of my son breaking it. My son was found innocent on all accounts.

The stress of all of this has left my son and us, totally stressed with going to court and finding all the documentation on the fact he wasnt there when she accused him of things.

Well, the year is up. Thank God, its finally over, so we thought.

Apparently they are now filing an extension on this RO.

We are getting a new lawyer, as we are not happy with the lawyer we have now, as he has been giving us bad legal advice, his new advice was to just accept it.

SO I did a little research, and apparently our lawyer does not like to go to trial so he avoids it.

We went to another lawyer and said that since he never showed up in court a year ago, regardless of what our lawyer told us, it means all the lies on the original RO is basically saying he was guilty. He said that they dont care about all the false allegations, they just go by the original RO and chances are they will just grant the renewal.

How the hell can they do this?

We dont agree with this lawyer so we are looking for another.

long story short.
1. girl placed RO on son
2. filed false allegations of him breaking it, have no witnesses or proof that he did.
3. son never broke it.
4, now she wants to renew it.

What are the chances that the court will actually grant the RO after she filed false allegations on my son?

my son is now 18 yrs of age, so everything changes as he is an adult.

We also asked about harassment and they stated that you cant because per the court, she is the victim.

 

[quincy]

MASS.

Here we go again. My son had RO placed on him a year ago. per our lawyer, they told us not to fight it, its just a civil case and he just needs to stay away.

Here is a link to the Massachusetts Bar Association, followed by a link to the Rules of Professional Conduct, followed by a link to "How to File a Complaint" against an attorney in Massachusetts. The advice your first attorney provided appears to be questionable advice at best and harmful advice at worst.

http://www.massbar.org/contact-us

http://www.mas.gov/courts/case-legal-res/rules-of-court/sjc/sjc307.html

http://www.massbar.gov/obcbbo/complaint.htm

Apparently they are now filing an extension on this RO.

We are getting a new lawyer ... How the hell can they do this? ...

... What are the chances that the court will actually grant the RO after she filed false allegations on my son?

my son is now 18 yrs of age, so everything changes as he is an adult ...

Your son is very smart to get a new lawyer. Your son needs to appear at the hearing to fight the extension of the restraining order. The false allegations need to be addressed. He should bring with him to the hearing credible witnesses and any evidence he has that indicates the "victim" is lying. He needs to be prepared to refute all lies.

It is essential for your son at the hearing to remain calm and polite. He should not respond to the victim directly, regardless of the lies that are told about him. He should address the judge only, and only when it is his turn to speak. His attitude in court and how he expresses himself in court will be important. The judge will be watching him and judging him on his words and actions and reactions to the girl and those accompanying her to the hearing.

I don't know how likely it is that the court will grant an extension but I agree that the RO becomes more serious now that he is 18. Your son apparently did well at the last hearing and it could be that the judge will not tolerate any additional nonsense from the girl. It is hard to say.

Again, though, your son needs to find an attorney who will represent him properly. He should try to find an attorney in your area who has experience helping clients defend against false allegations.

Good luck to your son, sloane.



Here, for reference purposes and background information, are links to your previous threads:
https://forum.freeadvice.com/juvenile-law-90/attorny-fees-616758.html
https://forum.freeadvice.com/juvenile-law-90/violating-restraining-order-621052.html
https://forum.freeadvice.com/juvenile-law-90/search-warrents-623598.html