An incident happened with me and my ex where I showed up to her room (got consent) before entering and talked for awhile. It turned into sex (also got consent) but after she got upset and believed that was the only reason why I came by. After a week of no contact she contacted me again and we began to hang out, txt, call, email, etc. Her friends disliked it because they heard her original story of the first event (which me and her already discussed and make clean) my ex decided to go back to no contact. After attempting to reach out to her twice and reaching out to one friend that I would give her things to her to deliver to her. Her friends no longer wanted to be involved. I decided to take her things to her myself which was just a fingerprint clearance card. The next day I received a call from a cop saying to not go back to her room and a week later I received a retraining order. I scheduled a hearing but want to know if she is allowed to file this by stating the first incident by making it seem like I forced her that night and later on went back to her room to give her something she did not want
Yes, she is allowed to file a petition (application) for a protective order (restraining order). Whether what she alleges is true or not, that is why a judge would ask her questions at the initial hearing at which she requested and was granted the order.
You requested the contested hearing, which is the proper channel to contest her accusation that she needs a protective order against you. She would again have to show up, again state what happened, and would be subject to cross examination by you, your attorney, and/or the judge. It is however, a dangerous game to play by yourself, without counsel, especially if you intend to speak about the incident to counter her allegation. Because if she is accusing you of any sort of assault, especially sexual assault, anything you say in the future (especially in that hearing under oath) could be used as evidence in a potential criminal prosecution for the underlying assault accusation, which is far more serious than a protective order. With such an accusation, you'd be well advised to retain counsel to do the argument for you, if at all. Another option could be to accept the order and simply avoid contact with her for 1 year.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship. Also, please use caution when reviewing answers to questions posted by out-of-state attorneys. Each state has specific laws and out-of-state attorneys are often unfamiliar with the intricacies of the laws in states that they do not practice in.
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