What can I do if I have a friend threatening a restraining order?
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What can I do if I have a friend threatening a restraining order?
This over a Facebook post that I took down. There is no evidence I would do her any harm. Could she still get one? If so, how would I contest this?
Asked on January 3, 2016 under Criminal Law, Massachusetts
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Even with the post down, she could still request a restraining order if she can prove a need for the order. Usually there is some requirement that the posts were alarming, threatening or harrasssing. Even though you have taken the post down, as long as she continues to feel harrassed by you, there is a potential for a law suit... soooo....
You have already done all that you can do at this juncture by taking down the posts. If your friend felt threatened by the posts, then the posts were either inappropriate or your friend is over sensitive. I know this person is or was a friend, but going forward, your best defense really is to limit contact. The more contact you have with the friend, the more opportunities you give the friend to over-react or missinterpret other statements to be used against you.
If your friend ever does admit that they over-reacted, make sure that you document the admission so that you have some proof that the friend was really alarmed, thereby negating the need for the restaining order.
Out of an abundance of caution, you may want to start scouting attorneys. You don't have to hire them, but still know who you want to have assist you in the off chance that she does move forward with the restraining order and some judge decides to fall for the complaint.
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