Expert: John Fuller - 11/30/2007

Question
I had a antiharrassment order placed on me about a year ago. I was not found to have done anything or said anything to the other person but because we did not get along they placed one on that said stay out of each others workplaces and 10ft away from each other. The lady that had the order against me works in the auditors office in the local court house. It had been about a year, my daughters car is in my name and with the new laws about having to show id to get your tabs I was the one who had to go in and get them. I was scared because of the order so I called sheriff's dispatch, she put me through to an officer and i told him of the problem I was having about getting the tabs for the car. He then told me go stright in there do not cause any problems or even look at her. I did this and I even brought a witness in with me. I went to the window furthest from her did not make any kind of eye contact, did not talk or say anything to her, bought my car tabs and left. About 4hrs later the officer I had spoke with said that the other party wanted to press charges against me even though I did nothing. I got a notice in the mail that now the prosecutor is pushing it. Is there any kind of civil rights violation not being able to go about my daily routine and give the government my money so my daughter and I are able to drive our vehicle? Is there also any kind of civil right violation because I did nothing to her and she was granted an order against me? I have no criminal background and was crushed she was able to get this by just saying bad things about me with absoloutley "no" proof. I feel she has got away with this because her and her family work for the court house. Please help me!!! I have court on Monday decemer 3rd
I am really greatful for anything you can do for me.
Thanks
Danel Hastings

Answer
Hi Danel,

I am not completely clear about who actually placed the antiharassment order against you.  Was this issued by the court?  I have really not heard of the term being applied that way thinking it might be a restraining order?  If it is a court order, your civil rights are not affected since law has the right to modify those rights based upon the situation.  It can become discrimination if there are racial, ethnic, religion, etc., factors involved but I do not see that here unless you feel that way.  However, if it was the court that issued this, then I would go back to a civil court which I assume this is, on Monday which you can do by yourself without representation and ask for the judge to reconsider the evidence that was provided to him/her at the time of issuing the order.  I have found that judges do not issue orders unless there was some type of evidence provided (even if the evidence is false for which the judges do not always know what is true and not) unless the order was the direct safety of the individual who has requested this.  Then it is only for a limited period of time so both parties can come back and provide their side of the story.  Do you have this "order" in your possession.  I would hope that there would be some provisions in there for conducting business but if not, again, then you should present your case in civil court with the judge on Monday.  Be very professional and do not get into a battle of words with the other person.  Present your side calmly, dress as if you were going to a business dinner and remain calm throughout.  Develop a list of questions that you might like to ask the judge such as the need to do business and what would the court suggest in that instance and the most important question would be that you request that this order be reviewed for sufficiency and content.  First appearances are lasting impressions on a judge as I have witnessed as a court mediator for years.  I am not an attorney but you have everything to gain, nothing to lose and I think you will come out on top.  

Hope this helps..if you have a follow-up question, please feel free to ask.  

John