Can someone get a restraining order against me when I have never even met this person before? 4 Answers as of April 08, 2011

My boyfriends ex wife does not want me around her kids and is threatening to get a restraining order against me. She has no reason to do so. She has never even met me before.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Anybody can seek a RO. Whether the court issues it depends upon the facts necessary to justify it. If you are served with one [a TRO], you must formally and properly oppose it in court by filing proper pleadings and appearing at the hearing. If serious about hiring counsel to do so, feel free to contact me.
Answer Applies to: California
Replied: 4/8/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
Anyone can petition the court for a restraining order. However, that person will have to provide details/facts sufficient to convince a court that an restraining order should be issued. Courts do not take these orders lightly. If you are ever served with papers indicating the ex wife is seeking an restraining order against you, you must immediately contact an experienced civil restraining order attorney to evaluate your case. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 4/7/2011
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
She has to prove that you are a danger to her safety. She does not ever have to meet you if she believes that she is in danger of her life. If you have done nothing to make her fear, you will be fine. You are entitled to a hearing where you can state that you have never contacted her and are not going to harm her.
Answer Applies to: California
Replied: 4/7/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
With the information you have provided that would not be sufficient evidence to obtain a restraining order against you. The judge would have to find that there is a valid reason to issue the order. If you have not had any contact with an individual it would be improper of a judge to grant one. The ex wife would have to cite several reasons why the order is necessary.
Answer Applies to: California
Replied: 4/7/2011
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