Legal Question in Civil Litigation in New Hampshire

My mom hates my boyfriend. she tried to file an restraining order on my behalf and lost. I came home the other day and my mom told me that if I didnt file a restraining order on my boyfriend that she was going to send me to a mental institution for an "anxiety disorder" that I dont even have, but she has a paper from a psychiatrist that I've never even seen saying that it would "be in my best interest" so I filed it. now, I want to get rid of it... the trial is on the 20th of january. is there any way to stop this before it reaches there?

also, my boyfriend hasnt been served, is it still illegal for me to have contact with him since I know of it?


Asked on 1/01/10, 12:44 am

1 Answer from Attorneys

1. The restraining Order prevents him from having contact with you, not the other way around. However, if you initiate contact, he could still be charged with violating the order.

2. You have to be careful because the paperwork you filed is filed "under oath" and subject to pains and penalties for perjury. However, since it is civil in nature, it is your decision on whether to appear in court on the 20th to pursue this. You should speak to an attorney before you make any statements or take any action in court. While you may have been acting under duress (threatened with being committed to a facility unless you filed false application) you could still be at risk for perjury. Talk to an attorney.

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Answered on 1/06/10, 8:40 am


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