Can my ex girlfreind put a restraining order on me just cause

We got into a violent fight that led her to stabing me an she went to jail an I did not press charges thinking we could work it out cause I knew it wouldn have happend if we weren't drunk an on cocaine an then she threw me out two weeks later after she got back from the bar on st paddys day drunk an now that I have moved my stuff out she says I'm harassing her an stalking her an I haven't been doing that at all

Kansas City, MO -

Attorney Answers (2)

Margaret P. Murphy

Margaret P. Murphy

Family Law Attorney - Clayton, MO
Answered

In the State of Missouri you have the right to file for an Adult Abuse Order of Protection if someone is stalking, harrassing or hurting you. Upon filing said Order, a Judge either grants it or denies it. Either way, you are granted a court hearing and date. At the hearing you have the right to a hearing. The other side will have to put on evidence to show that you have indeed stalked, harrassed, hurt, etc. that party. The Court's have to follow state law and cannot issue an order just because.

Christopher Daniel Leroi

Christopher Daniel Leroi

Business Attorney - Greenwood Village, CO
Answered

My colleague is 100% accurate. You can't obtain a restraining order "just cause." There has to be some type of legitimate threat of violence, violence, stalking, child abuse, etc. I was a judge presiding over these restraining orders daily and assist people with them regularly now. It is easy to get the initial restraining order, because the judge only hears one side of the case and you are not there to defend yourself. However, at the next hearing, you should be able to defend yourself. Understand that a permanent restraining order - especially a DV one like this - can interfere with your ability to get certain jobs, ever have possession of a firearm, etc. So, definitely take it seriously and consider hiring an attorney.

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