Friday, February 12, 2010

How can I defend myself against a false accusation on a restraining order (PPO)?

My neighbor lost a small claims suit that I filed and they have been following me and threatening me ever since. When I went to file a restraining order they told me that there was one filed on me by the other party. I have not had any contact with these people that are claiming this stuff. I don't look at them or talk to them while I am outside. Unfortunately, we share a driveway so I cannot avoid them totally. How do I get the order to change and can I be arrested for using my driveway when I have to cross the property line to pull into the driveway? I would love to have no contact with these people but I believe they will lie again to the police to try and get me arrested. I haven't harrassed them but I know they would love to see me arrested and have it ruin my teaching career.How can I defend myself against a false accusation on a restraining order (PPO)?
As long as there is no substantial proof of you harming them, then you will not get in any legal problems. But why don't you just move if you're neighbors suck so much. Or, you could pay somebody to kill your neighbors for you. Make it a clean job and use payphones to communicate with your hitman so that your telephone company doesn't just give the cops your past calls and then determine that you are guilty of accomplice to murder. If you are extremely careful, it can be done.How can I defend myself against a false accusation on a restraining order (PPO)?
In most states, the restraining order is mutual... if they violate the conditions of their own restraining order, they can be arrested as well.... look up the law. Also keep a journal and make sure that you document any time you feel threatened or that they may harm you.

You can fight a restraining order, but you should really speak to an attourney
For a restraining order against YOU to be in effect, you would have to be served with it; there would be a court hearing in which you would be expected to be present and give your own point of view. It is possible that the judge will order a restraining order on both of you to keep you apart, or only one against the neighbor if the judge thinks you did nothing to deserve it.

If you haven't been given a copy of this order, you can't be expected to obey it.

But really, if you are educated enough to be a teacher, you should know enough to ask these questions at the court, just to make sure you do everything right!

And if these people are willing to make false reports, you had better do everything right.
Did you go on and file your order? Are these people still bothering you? The police do get aggravated with people going back and forth making complaints against each other. If it was me I would just try to avoid them as much as possible and if you have to carry a tape recorder or video camera with you to show that you are not the one that is harrassing them. I don't think anyone can keep you from using your own driveway.

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