• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What warrants a deputy from running my name if no known law broken?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

CdwJava

Senior Member
Restraining orders are kinda funny in that there doesnt need to be any supporting evidence to get one.
Actually, testimony is evidence. And to get one the plaintiff needs to articulate those facts that put them in fear for their safety. It is then up to a court to determine whether those articulated facts are sufficient to support an initial, temporary warrant, and later at a court hearing to justify a longer more permanent order (all depending on the specific process in a particular state).

So, yes, there must be evidence - it just need not be physical evidence processed by CSI ... and, FYI, the vast majority of crimes are prosecuted without any such processed evidence.

You can make up any old thing off the top of your head and bammo you are granted a R.O.. IIRC I read a r.o. for a friend and it was granted because he used "hurtful words" towards his gf.
Some courts are easier than others. Of course, it helps of the defendant actually responds to the allegations ... very often, they do not and thus the order gets granted.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top