My ex boyfriend decided he wanted to file a restraining order on me after I got him arrested. Nothing in his statement is true. He lied and said we didn't have any contact from May 2011 til September 2011 but I have text messages and call logs to prove we were in contact and that I was no harassing him, as he contacted me also. Again, he said we didn't speak from Jan 2012 until March, again I have proof, all of which I printed. His girlfriend and him have been texting my phone since March, I never texted them. He also stated that I sit outside of his home and the college he attends, but I have proof that each time I went either place, he invited me. I'm the only person who has contacted the police, his parole officer, and our battered women's shelter. Will my evidence be enough??
It's hard to say... If what you say is true you should have sufficient evidence to plead your case. Hopefully, the judge feels you have sufficient evidence.
As with many issues in the legal system, it is often a "he said, she said" situation which means credibility is key. The court commissioner who will preside over your hearing will determine which one of you is more believable. If you have documents or witnesses to prove your testimony, you should bring them. Keep in mind that there are evidentiary rules that you need to follow. You can't, for example, submit an email written by someone ohter than your ex-boyfriend. That is called hearsay evidence unless that person actually comes to testify at your hearing. If the restraining order is granted, you can always appeal the decision to the judge by filing what is called a de novo review. Good luck to you.
Restraining orders require a showing by petitioner to the statutory requires. The requirements can be found on the documents you were served. Start there. Look up the statutes they site. Does his document show such behaviour on your part.
Once you find the elements of the statutes that you have violated can you then show an affirmative defense, or some evidence to prove you did not do same.
Talking to an attorney would be a good idea, even if just to ensure you are on the right track in your proof. Often time prose respondents miss the point and do not focus on what is necessary. They get caught up in the fight rather than defend themselves point by point. This is a defense and not a counter attach.
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