A friend of mine got an ex parte personal protection order against her for sending excessive non threatening texts to a guy she dated for a very short time. She has 14 days to file a motion to have it removed, but she doesn't want to go through the hearing if she isn't going to win. Basically the guy said she was stalking him; however the only thing she ever did was send an excessive number of text messages. Thoughts?
There is an excessive number and then there is an EXCESSIVE number. A decision would be based on the number and content of the text messages. If she has stopped and can state as such to the judge and none of the messages threatened bodily harm, then she has a good chance of getting it overturned. Again, without more information (which should not be disclosed on a public website), no one can state for sure.
Your friend should speak to an attorney or check at the court to see if they have a lawyer/advocate of the day to answer questions like this with knowledge of the specific Judges who will be making the decisions (every Judge looks at things a little differently).
These are generic informational answers, not to be construed as legal advice or creating an Attorney client relationship. If you have a legal issue, you should always consult an Attorney in your jurisdiction. You wouldn't ask a surgeon to talk you through a heart transplant via email, don't expect to do the same with a legal matter.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline