Legal Question in Legal Ethics in Nebraska
Illeagal Restraining Order
Last year my ex-boyfriend obtained a restraining order against me. The accusations were false (him=6'2'', 230lbs, me=5'2'', 120lbs), however, I did not at the time contest the order, I was just happy to be away from the abusive relationship On 3 prior occasions officers were called to my home by neighbor complaints of him abusing me. However, I later found out, that when my ex-b/f first submitted the protection/domestic violence order, the judge denied his request. Apperntly disappointed about the results, my ex struck up a conversation with the clerk of the court and they ended up having lunch togeather. My ex then re-submitted the protection order again the next day, which the same judge that denied it, ended up granting it. No new information was added, it was the exact same petition. I am almost positive that this protection was illeagally obtained and am wondering what rights I have or where may I go with this situation. I have no criminal record (ever), I am in a professional trade and do not want this on my record, nor care to have that type of charge associated with my name. I do have witness's to testify to this accusation.
1 Answer from Attorneys
Re: Illeagal Restraining Order
You should have contested it. It's not an illegal order if you allowed it to go unchallenged.
Now, you're in the difficult position of asking the judge to set it aside. It could have been done while it was in force, but I don't know whether it can be expunged from your record, because chances are it has already expired.
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