How doI win this restraining order hearing against me?
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How doI win this restraining order hearing against me?
I am 17 and my now ex -girlfriend is 16; we dated for about 9 months.Tthen her mom found out we had sex and caught her sneaking out to see me and went nuts said we could never talk again freaked out on me. then a few months later we started talking again and her mom found out about a month later that I snuck over her house to see her “by her request” and has decided to get a restraining order against me because she wants to make sure were not talking the Marshall is coming to deliver it to me in a few days and my court date is in about a week?
Asked on October 26, 2010 under Criminal Law, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There may be no way to win: if the order was validily granted, you had notice of it, and you violated it, then you in fact violated the order and may be subject to liability or penalties. If you had no notice of the order, then you would have good grounds for a defense--an order like that is only enforceable once the target of it has been provided the proper legal notice of its existence.
You will increase your odds of winning if you get an attorney to represent you; a lawyer will much better able than you to determine if perhaps something was done wrong in obtaining or issuing the order, in which case it might not be valid. If you're not going to get an attorney, the best you can probably do is to honestly and simply tell your side while acting contrite. In the future, if the order is in force, do not see this girl no matter whether she asks you to or not.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The short answer here is "with the help of an attorney. " This is no small matter here. She is a minor and what I am worried about are statutory rape charges depending on when you were having sex. What is the basis for the restraining order? Contributing to the delinquency of a minor? I would not take this on on your own. You need to be very careful how you proceed and to not dig yourself in to a deeper hole than you are already in. Get help. Try legal aid or ask your parents. This is not the time to worry about being yelled at or punished. That will come so brace yourself. But you need help here and an adult you can trust to do so. Good luck.
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