I'm looking for advise from an attorney if that's possible. Someone did something horrible to me

[Maraya1969]

I had this sometimes boyfriend who is an alcoholic and has spent most of the last 4 months either in a rehab, 1/2 way house or psychiatric ward. I have hardly ever seen him but I have written him a lot of letters. First I found out that he has been telling everyone at the rehab and 1/2 way house that I am a stalker. And then when I did see him 2 times about a month ago, the police were called on the second time because he threw a huge TV set on the ground and my bag and pocket book out into the middle of the street. So I locked the door to his little "room" and waited for the police to come as I was sure someone would call that actually lived in the house.

And he told the police that I stalked him down there and broke in the door to get in. Of course the police did not believe him because he was drunk and talking like an ass and also there was no damage to the door or my hands. (and I realized later that I have a record of his calls that day on my cell phone )

But it is what he did this past Wed that has me completely upset again. Note that I have not seen him since the last day with the police which was June 18th. But a friend of mine called down to his 1/2 way house to talk to some guy and she also wanted to tell them the truth about me. Come to find out he went to the courthouse and filed for a restraining order against me for "Repeated violence". A temporary one was not issued. So the court date is the 25th of this month.

I want to know what he said I did so I can bring evidence if possible to refute him, (like my cell phone and hopefully the police report which I asked for online.)
I also want to know if I am allowed to go to the court and bring witnesses that will attest that they have never seen me violent. I know I got a restraining order against my X-husband and 1. they gave me a temporary one that day and 2. I don't remember my husband showing up in court and I don't even remember going to court to get the permanent one.

I am supposed to start a little job with a law firm at the beginning of next month. I'm almost positive that they will do a background check and if this goes through I won't get the job. I'm convinced now that this man has serious mental problems and I'm disgusted with myself for ever being with him.

[The Velveteen Ocelot]

1. You need to contact a lawyer in your city.

Rules and procedures vary considerably from one jurisdiction to another - and the legal advice you get on DU is worth exactly what you paid for it.

[rug]

2. Here's the obligatory "Get a Lawyer" advice.

A lot depends on the state.

The petition, or complaint, should set forth factual allegations that put you on notice. Generally, if they're not in the petition they should not be brought up at the hearing.

As a rule, you should be able to call any relevant witness you want but documents should be original or certified copies in order to be admitted. Otherwise they're inadmissible hearsay. Same with witnesses. Unless they're there, their written statements are inadmissible hearsay.

A lot of states have this procedure for domestic violence restraining order applications. The judge reviews the complaint and, if sufficient, grants a temporary order pending a hearing. The fact that a temporary order wasn't granted is a good sign that there's some problem on the face of it.

Good luck.

Get a lawyer.

[Kali]

3. this happened to a friend of mine

she got one against him, too

but talk to an attorney for yourself, really.

[In_The_Wind]

4. Contact a lawyer asap!

[Maraya1969]

5. Thank you all. I hate to have to shell out for an attorney for bogus claims. But I guess that's

life.

[Chan790]

6. What state?

There's often legal services available for limited-charge to women leaving abusive relationships. I think filing bogus restraining orders, verbal abuse and this kind of systematic lying probably suffices.

[Maraya1969]

8. I'm in Florida. I can call the women's shelter or look online. Thanks!

[TuxedoKat]

7. Maybe

call a women's shelter in your area? They may have experience with this kind of situation and may have attorneys to recommend as well. Sounds like he has been emotionally abusive to you too. Good luck.

[BainsBane]

9. If you're concerned about expense

and can't afford a lawyer, you might try legal aid, or even ask an attorney to represent you pro bono. Law schools often have legal clinics where they can offer you advice, They won't be licensed however, so they can't represent you in court.

I'm assuming you don't plan on seeing him again outside of court. The guy is obviously dangerous.

[Maraya1969]

10. Thanks. I've hit my bottom with this person. I can't stand the thought of having

to see him on the court date.