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PHONY DOMESTIC VIOLENCE RESTRAINING ORDER - North Carolina

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  • PHONY DOMESTIC VIOLENCE RESTRAINING ORDER - North Carolina

    My boyfriend had a 1 year domestic violence order put against him yesterday. His ex girlfriend from 2 years ago, claims that he called her last week from a private number threatening to kill her. When we got to court, she claimed that shes had to have her number changed 5 times due to him constantly harassing her and that she had to move out of town to get away from him. The judge asked her to provide him with some sort of evidence, she had none. My boyfriend showed the judge his phone records, an email from her the day of the private phone call of her accusing him of doing it and him asking her not to contact him anymore, TWO previous restraining orders shes attempted to get on 2 DIFFERENT people for the same thing that were dismissed, and TWO assault on a female charges she placed against a third person that were dismissed because she didnt show up to court. The judge ANNOUNCED to the ENTIRE court room that she had not provided any evidence and no motive for him to do it. She began to freak out and scream how it wasnt fair. When she did that, the judge asked my boyfriend if he would be willing to sign a no contact order. At first he agreed until he realized that it was still a restraining order. Then he decided not to and the judge still ordered a 1 year domestic violence restraining order. How can we get this order overturned?!?!?! This girl has been abusing the court system for YEARS, using it as a harrasment tool against other people. She lied throughout her entire testimony, some of which we can prove. The judge granted the order on the basis that she says she could recognize his voice and then asked my boyfriend if she would be able to recognize his voice and he said she should be able to since they dated but that there was no phone call for her to even regcognize it from. This is after he publicly announced she as the plaintiff did not provide a burned of proof or motive!!! We've requested the court transcipts. WE NEED HELP!!!!!!!! It has cost her NOTHING to go to the court house, file false charges, lie, and get a restraining order that she can now use for the next year to get him arrested whenever she feels like. We wouldnt be fighting it so bad if for 1. HE DIDNT DO ANYTHING WRONG, 2. she is going to use this to harass him, 3. this will show up on his background and it def doesnt look good having a domestic violence restraining order on you

  • #2
    Das ist in der Doktor!

    An attorney would be better able to advise you weather or not a restraining order could or should be over However, keep in mind that restraining orders can work both ways. If SHE violates it in anyway SHE can go to jail.

    .._________________
    ~ Free advice is like a public defender,
    …you get what you pay for. ~ drr
    Last edited by drruthless; 05-10-2011, 09:04 PM.

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    • #3
      Not always. With the evidence he has I think it may be a good idea to look into getting a restraining order issued to protect him from her. Personally I think ROs are a waste of time. If someone's gonna do anything, they'll do it. An RO is just a piece of paper.

      I think this could be something for a 42 USC Sec. 1983 civil rights complaint, IMO.
      I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
      Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
      I also may not have been either sane or sober when I wrote it down.
      Don't worry, be happy.

      http://www.rcfp.org/taping/index.html is a good resource!

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      • #4
        Originally posted by cactus jack View Post
        With the evidence he has I think it may be a good idea to look into getting a restraining order issued to protect him from her.
        I agree. Even if restraining orders don't prevent any action, it can hopefully deter it and have consequences for the person violating it. And while she could be jailed for violating the order she has against him, there is something different in the perception of her violating that order vs. her violating an order he has against her. The former still frames him more as the bad guy which is clearly to his disadvantage.

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