Wrongful No Contact Order

[Warunicorn101]

Jurisdiction

North Carolina

so this girl went to my mom and told her that I was using drugs without my consent in order to "help me" according to her. My brother had just broken up with her might I add and she has drove by my house multiple times to see if my brothers car was parked in my driveway so that she could accuse him of doing drugs. So in retaliation and anger I posted on facebook (((profanity edited out by moderator))) and she went to the court house and had no contact papers taken out on me and now I have to go to court and waste my day on her just because I voiced my opinion. How is that even fair? And how can I get out of having to deal with her can I just call and say I want the no contact to be permanent because I never want to see or talk to her again anyways and by no means was I stalking her nor talking directly to her it was to everyone.

 

[justblue]

I suggest you ask your attorney and stop posting about your criminal issues on the internet.


Stop using drugs...they rot your brain and you end up making stupid choices.

 

[mightymoose]

Good ol Facebook.

My suggestion is to remove her from all your contact lists and make no further effort to contact her and no effort to say anything about her to anyone. When you go to court it will be her burden to explain how you are a danger to her and why a permanent order is necessary. Don't give her what she needs to make that argument.
Hopefully she will sound incredibly ridiculous and petty doing so.
At court you can explain you made some unfavorable comments ONCE and have had no further contact- and that a court order to stop continued harassment is unnecessary.
There is always the chance she will fail to show and the matter will be dismissed.

 

[cbg]

While the law gives you the right to state your opinion, it does not promise you that there will be no consequences for doing so.

 

[adjusterjack]

How is that even fair?

It's fair because you expressed a great deal of hostility on a public forum, enough (coupled with possible drug use) to make her fear for her safety.

Can't say as I blame her for seeking the restraining order. Which, by the way, is a very bad thing to have on your record so I suggest you delete your comments from Facebook, go to court when you are supposed to, profusely apologize and hope it does get dismissed.

Oh, one more thing:

GROW UP.

 

[Warunicorn101]

oh I haven't said anything else about it. Thank you for the advice. This is the first time I've ever even had to deal with the law. My brother just broke up with her and two days later this happened.

 

[Warunicorn101]

And I deleted it 3 hours after posting it because she was threatening my brother. And yes I was hostile and no I wasn't on drugs she just told my mom I was.

 

[mightymoose]

Name calling is one thing. Causing a person to fear for their safety is another.
What you describe does not reasonably cross that line. If there is nothing more to it then I wouldn't expect the order to be granted so long as you show up to defend against it and apologize.
This initial order you have received is simple to obtain and you should not be overly concerned that it was issued. It does not mean you have done anything illegal.