I recently discovered my boyfriend was cheating and broke up with him. I contacted the other woman, who also broke up with him. He got mad and filed a temp restraining order against me. I live in TN and he is in WI. I am going to drive there to attend the hearing and try to prove it is based on lies. I have text messages and phone records proving his allegations against me are false. Will this be enough to get the TRO dismissed? We live 15 hours apart, and he has since changed his phone number so it's impossible for me to contact him anyway. I am a nursing student and do not want this on my record! Will a judge actually look at texts/phone records? What else can I do? He also has a prior charge of dom violence and another HRO filed from each of his ex's in the past. Will this help my case?The reason I wanted to fight to keep it OFF of my record is because I am in nursing school, I don't want this to show up when employers or anyone else does a background check or even a google search on me. I live 5 states away from him and I don't want any further contact with him, but the things he is accusing me of are NOT true!! Won't it look bad to a potential employer if they see someone has a restraining order against me?
I am not sure why you would want to fight it if your relationship is over. Best bet is for both of you to move on with your lives.
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Short answer is yes, you can go to the hearing and fight it. Bring whatever proof you have. However, if you live in a different state and no longer wish to have contact with this person, why waste your time? Contact a criminal defense attorney in the jurisdiction where the hearing is set to occur and inquire about whether this will remain on your record after the TRO expires, if you have any concerns.
I am not sure what the law is in the state where you will go to fight it, but I DO think it is worthwhile. That being said, in my home state a domestic restraining order is nearly impossible to remove from your record unless you meet the almost insurmountable burden of proving that a fraud was perpetrated on the court. Unfortunately, judges often issue these orders quickly without a lot of thought because they do not want to be on the front page of the local newspaper when a significant act of domestic violence occurs and they refused the application for the protective order.
I hope this helps.
This is not legal advice and no attorney client relationship is established.
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