Is it legal for my boyfriend's roommate to put a restraining order against me when I really haven't done anything wrong?

Asked about 4 years ago - Kirkland, WA

Basically there was an arguement that my boyfriend's roommate had started and got up in my face harrassing me as well as my boyfriends face. I don't get how he is the one putting the restraining order against me...it should be the other way around. I haven't been served yet, I was told by my boyfriend because he saw the paperwork at his house.
I asked him if it said why and he told me the items listed:
* I put 2 pairs of shoes by his door next to a beer bottle which was hazardous because he could of tripped
*That I was harrassing him (even though he came at me)
*That I leave messes that he cleans up
*That I was texting his girlfriend (it was a mutual thing we were texting back and forth doing girl talk)

Doesn't the court look at this as a waste of time? This isn't threatening.

Attorney answers (1)

  1. Zeshan Q Khan

    Contributor Level 8

    Answered . Here are a few quick things that may help. First, he does have to serve you with the papers (if it's just against you). Second, it seems that he may have sought and obtained a temporary "restraining order" (this is actually a category of such orders, but I'll spare you the legal technicalities for now). Otherwise, you would have had the chance to appear and defend yourself in court.

    A temporary restraining order ("TRO") is generally valid for only 14 days (although it can be renewed with a new order), and can be obtained without your presence at court. Make sure to follow the order. But there's usually a hearing scheduled 2 weeks after the temporary order for a longer term restraining order (since the TRO expires pretty quickly). Once served with the TRO, you'll have to opportunity to respond (both in writing and by appearing at the hearing) before a judge or commissioner (essentially a court-appointed judge). It's there that you can make the argument that the TRO shouldn't become a longer term order.

    If what you say is true, then I imagine you'll prevail. But when you present a written response (and I suggest you do), make sure to respond to *each* of his written allegations, and make sure to include *all* evidence that supports your position (like printing out harmless text messages between you and his girlfriend).

    Also, you leaving messes that he cleans up (and other inconveniences) aren't generally grounds for a restraining order. He'll have to show some level of harassment, reasonable fear for his safety, or something else along those lines. Essentially, he has to show threatening/harassing behavior and that he feels reasonably threatened and harassed.

    Anyway, good luck and I hope this helped.

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