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Can you get in legal trouble for contacting someone's family to inform them about a lie said about you and your relationship?: I was seeing a person without the knowledge of their family due to it being a same sex relationship. The relationship ended up getting abusive and we now have to go to court for him choking me. Prior to this, his family thought I was just some guy bothering him an threaten to hurt me. I know for a fact that they do not know that we were in a relationship. Is it illegal to inform his family the nature of our relationship and the lies he has told of me. They think that I was harassing they guy and bothering him. We currently are going to court for battery against a household member and have yet come to a disposition or plea. Help!

Asked about 1 year ago in Criminal Defense

Jay’s answer: Unless defamatory (false statements communicated to third persons) or unless there is a court order restraining you from doing so, you have a first amendment right to free speech. However, if your truth will result in harm to others or yourself, it may be best to maintain confidential information.

Answered about 1 year ago.


How can a protection order be invalid but still be active? Or is the lawyer just confused?: My girlfriends mom put a restraining order on me on behalf of her (she doesn't want this on me but she's only 17). Her aunt had custody of her at the time and her aunt also wants the restraining order off of me. We have a baby on the way and we are also engaged. Her lawyer says it's not valid but somehow her aunt thinks it's still valid (she doesn't want me to go to jail so she wants to make sure it's safe for us to be together before she let's her move in with me). She's 17 I'm 20 (yes that's legal, the judge said that as well when her mom lost custody of her). Her mom lied and said the state only had my fiance to keep us apart but the state really had her because her mom beat her to the point where she had enough. One of the things the judge told me as to why he was granting her wish is because "she's in her mom's custody she needs to listen to her mom).

Asked about 1 year ago in Family

Jay’s answer: Some types of restraining orders are only valid for 10 days. If there is a temporary restraining order that has not been extended, it is possible that it is no longer valid. However, if there is a valid restraining order against you, violation of same may land you in jail amongst other negative consequences. I strongly suggest you obtain the advice of an experienced New Mexico Attorney to examine the Restraining Order and help resolve some of the underlying family issues.

Answered about 1 year ago.


What can I do to get my car back?: My car was illegally repossessed by a dealership I bought it from they tried to repossess it before I was even over due on a payment to the finance company that I did the loan through and also made threats to report it as stolen! They even opened a civil case against me in district court in New Mexico to get a judgement against me for what was left due on the car because the finance company closed the account because of them not me. I now reside in Virginia

Asked about 1 year ago in General Practice

Jay’s answer: If you were properly served with a New Mexico Summons and Complaint, I strongly recommend you retain a New Mexico Attorney to timely file and serve an answer and counterclaim. If you were properly served and do not timely respond, it is likely that the Plaintiff will seek a default judgment. If a default judgment is entered, they win and you lose without having the opportunity to defend the lawsuit. For the above reasons, I strongly suggest you obtain an experienced New Mexico Attorney to defend this action. Lightning Legal Group offers free consultations ((505) 856-3591) should you wish to discuss this matter further.

Answered about 1 year ago.