Wrongly Accused

[InstallOne]

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

Good morning.

Long story short: I have had an emergency RO served against me by my ex girlfriend for absolutely no reason whatsoever. NONE.

There is no way she is in fear of her life from me. The only contact we have had in person in MONTHS was Sunday when I went to get some mail at HER invitation and to pick up my dogs for a few hours. During which there was a verbal confrontation between her and our youngest son...I was not even involved and kept trying to get them to lower their voices because everybody was coming home from church!

Now this! Now because of the RO I have lost my gun rights. Just like that! I didn't even come onto her porch or even speak a word and she can just go lie to the magistrate on me? I'm 49 and not once in my life have I ever been in any kind of trouble.

When the officer served me, in front of my girlfriend and her young children, might I add, I asked him if she could just lie and he said yes! He then said that if I didn't receive any other summons by mid-next week that he wouldn't worry about it.

My question is: Can I do anything about this? Talk to the magistrate? File charges against her for filing a false report? Our youngest son is a witness to the episode she's using as an example.

Is there anything I can do to have this lifted? I'm required to let my new employer know of any infraction, does this qualify??

My girlfriend is worried that if/when her children's father find out, that he will raise a stink and ask us to stop seeing one another since I'm being accused of a violent act. Is that basically what is happening?

Thank you for your time.

 

[ecmst12]

I would suggest you hire a lawyer.

 

[InstallOne]

For what purpose? According to the officer I am not being charged with anything. Furthermore, the order expires on 10/7. The episode took place on Sunday, she didn't file until yesterday.

 

[ecmst12]

There should be a hearing at some point to determine if a permanent RO will be issued. You don't want that to happen without your knowledge or ability to defend yourself.

 

[InstallOne]

That is what the officer said. That if she wanted to pursue it then I would receive a summons. At that point I would be able to dispute her claim.

So can anything be done in the interim? Since she filed over nothing, can I?

 

[LdiJ]

That is what the officer said. That if she wanted to pursue it then I would receive a summons. At that point I would be able to dispute her claim.

So can anything be done in the interim? Since she filed over nothing, can I?

I wouldn't if I were you. It would look retaliatory and could damage your case in court, if you end up in court.

 

[InstallOne]

I'm just trying to figure out how it's even possible. All the papers say that she must feel that her life is in danger in order to file. There's no way that's even possible. She's just being petty. I'm just upset that she's able to lie and it trickle down so far to my job and my girlfriend. It's embarrassing. It would be nice to be able to prove she is a liar so that she feels some shame.

 

[mistoffolees]

For what purpose? According to the officer I am not being charged with anything. Furthermore, the order expires on 10/7. The episode took place on Sunday, she didn't file until yesterday.

Then stop complaining.

If they try to make the order permanent (or if the order somehow permanently interferes with your gun ownership rights, then get an attorney and fight it. Otherwise, it's a minor inconvenience.

 

[InstallOne]

Then stop complaining.

If they try to make the order permanent (or if the order somehow permanently interferes with your gun ownership rights, then get an attorney and fight it. Otherwise, it's a minor inconvenience.

Right. Except for the fact that I'm not being charged with anything. She's bold-face LYING, and it must be a whopper, and I am being punished.

I see it as more than an inconvenience.

 

[Bali Hai]

Right. Except for the fact that I'm not being charged with anything. She's bold-face LYING, and it must be a whopper, and I am being punished.

I see it as more than an inconvenience.

Wait it out and don't do anything stupid, and remember, what goes around comes around.

 

[ecmst12]

Wait it out and don't do anything stupid, and remember, what goes around comes around.

That is by far the wisest thing I've ever heard you say.

 

[InstallOne]

Wait it out and don't do anything stupid, and remember, what goes around comes around.

That's what I've been telling myself.

Is there any chance that there will be repercussions for her lying? If she decides to pursue and I hire an attorney, can I pursue reimbursement for court costs and attorney fees?

 

[mistoffolees]

That's what I've been telling myself.

Is there any chance that there will be repercussions for her lying? If she decides to pursue and I hire an attorney, can I pursue reimbursement for court costs and attorney fees?

You can pursue whatever you want. You won't win, though.

Look, people lie all the time to get restraining orders. If it's a temporary inconvenience and has no long term repercussions, why are you getting so worked up about it? It happens. Spend some time reading this site to see some of the REALLY harmful false accusations.

You have a choice. You can ignore it for a couple of days or you can spend a boatload of money on lawyers to try to 'clear your name'. I know what I'd do, but you're free to throw your money down the drain.

 

[Bali Hai]

That is by far the wisest thing I've ever heard you say.

Really? You should read all of my posts.