Legal Question in Family Law in New Hampshire
Did he violate a restraining order
I left my husband in June 2005...he filed because I left the state. There is a restraining order on him to keep from harassing, interfere with the peace and liberty of myself or family member. I traded in a vehicle with both our names and purchased one in just my name. He has been running credit reports on me called the dealership where I purchased the car and was able to get all the information of my purchase...negative equity that was applied and none of my credit cards are in his name...and they have never been. With him running credit reports, talking to people about my purchases interferring with the restraining order on him.
Also we both signed financial statements stating we owned the old vehicle and it was debt. He signed it knowing that I did not own it and I signed mine also knowing I did not owe in anymore...
He wants me to remove the restraining order on him...or he will pursue legal action that I signed the financial statement and committed perjury. Advice please?
1 Answer from Attorneys
Re: Did he violate a restraining order
It sounds as if your ex is more concerned that he is being screwed financially. You admit you screwed him out of his share of a jointly owned vehicle. Would you like it if he had done that to you? (Naturally there might be or probably is, more to your story. I understand that. I am merely commenting on that tiny bit about which you wrote.)
He clearly must be upset by the restraining order ["RO"], particularly if he feels you got it by enhancing the truth or outright lying. You have now put him on a list that is ruining or will ruin his life.
Remove the RO. It does no good. If he really wants to get you, a piece of paper is not going to stop him. If you falsely charge that he violated it, he possibly will go to jail. This is a man who was your lover for some period of time. Do you really want him to go to jail just because you found your intimate life deteriorating?
No, I don't think so.
If he was angry with you prior to the RO, he is angrier now. It would be a lot more practical to sit down with him -- or to communicate by letters -- and solve your mutual problems rationally, calmly, and reasonably. That is the civilized way of doing things.
The courts do not belong in your personal lives. You should ask that the RO be expunged from his record. If you do not mind trying to make him a criminal, you should not mind if he tries to do the same to you.
Think. Peace is the best way.
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