How do I counterclaim a TRO?

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How do I counterclaim a TRO?

I got arrested for violating a restraining order. I understand that the petitioner is protected but they are able to contact me. What would be the best way to stop this person from contacting me? What do I claim on the counterclaiming TRO?

Asked on May 19, 2011 under Criminal Law, Hawaii

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you got arrested violating a temporary restraining order because the person who got it against you keeps contacting you, then you need to inform the court of this issue and see if a) the charges can be dismissed and your arrest expunged/sealed and b) if the temporary restraining order can be dropped seeing as how the person it was to protect is the one who keeps contacting you.  You cannot "counterclaim" a TRO because it is not a civil lawsuit, this is a criminal matter. So you need to have your criminal defense attorney bring a motion to have it dismissed.


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