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What do you do when a "friend" files a restraining order against you?

I recently(yesterday)had a friend file a restraining order against me saying that I sent an email with threats of violence to her children, made two phone calls with threats of violence in them. None of this happened. I did send her an email but I had a lawyer look at it and he saw no threats of violence in the letter nor did he see a message of "slander and hate" which she wrote on her police report. This is all stemming from the fact that I couldn't pay her all of what I owed her for childcare at once because I needed some of the money to pay for new brakes in my van. We came to an agreement on this on July 1st and by the 4th she had already changed her mind and was threatening me in a harassing letter that she would charge me extra each day past the 6th that the money was "late". Now I have to go to court to get it appealed. Does anyone have exp. with this or the legal process(I am scared to death)?

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Asked by Anonymous at 11:16 AM on Jul. 15, 2009 in Relationships

Answers (7)
  • Well all you have to do is show your emails that what she is saying is false. She will also have to show proof of the things she is accusing you of as well. Just abide by the rules of the restraining order until further notice. If she contacts you she is in contempt of the restraining order as well and you need to notify the proper people.


    Answer by Anonymous at 11:29 AM on Jul. 15, 2009

  • I would scratch her off my xmas list for sure!

    Answer by Anonymous at 11:33 AM on Jul. 15, 2009

  • Don't worry. The truth will come out at court and if she lied then she will be arrested for filing a false police report. The next time you come to an agreement, get it in writing. Remember that the burden of proof is up to her to show that you did the things she claims you did.

    Answer by admckenzie at 11:35 AM on Jul. 15, 2009

  • I can see why she would be mad that is money out of her pocket when you don't pay. I have no clue if you are telling the truth you could be threatening her or you might not be. We are only hearing your side of the story. I would find a way to pay her and stay away from her.

    Answer by Anonymous at 11:38 AM on Jul. 15, 2009

  • in my opiion i really think you should have paid her when you owed her. i would be terribly upset as well if you did not give me the money, and instead used it for yourself. i understand the fact you needed the breaks fixed, but couldnt you of borrowed the money from a friend or relative to get it done or something? this is all called responsibility. it shouldnt of gotten this far, but in all reality, you made this happen. i dont know for sure both sides of the story. just yours, as anon 11:38 said.

    Answer by Anonymous at 11:49 AM on Jul. 15, 2009

  • nobody should be able to file a restraining order against you because you didn't pay her. They could take you to small claims court, but not a restraining order. She would have to show proof, I wouldn't worry about it.

    Answer by missanc at 12:26 PM on Jul. 15, 2009

  • Doesn't someone have to have like damning solid proof to get a restraining order? I always heard it was hard to get a restraining order against someone for that reason. Maybe your not telling us everything. idk

    Answer by Anonymous at 1:38 PM on Jul. 15, 2009

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