I just recently broke up with my fiance. She became very sour. We both are bitter. However, today she informed me that she filed a restraining order against me. I am a school teacher and I know this will adversely affect me and I really don't know what my response can be. I have saved all of our text messages and everything and anyone who reads them can clearly see that this was an act on her behalf out of spite. What can I do? What should I do?
4 Answers from Attorneys
You should get a lawyer if at all possible to defend you. Even if you haven't done anything to deserve this, you might lose. That's especially likely if she had a lawyer and you don't. But it may very well happen even if she doesn't have one. You need to mount a strong, competent defense. Few laypeople are able to do that. Being represented by counsel will give you a much better chance in court.
I've read Ed Hoffman's response and he's right in every regard. I write only to tell you that you shouldn't rush into hiring a lawyer. Wait until she serves you with the restraining order. You can't begin to defend a restraining order until you see what the allegations are. Sometimes people say they have filed or will file (or some other threat) and they don't follow thru. If you are served, get a lawyer immediately because the time frames are short and your attorney will need some lead time to prepare for the upcoming hearing(s). If you'd like to talk to me about this matter, don't hesitate to call. Good luck. Steve Mandell 310 393 0639
I agree with Mr. Hoffman and I partially disagree with Mr Mandell. The court may immediately issue a temporary restraining order or it may issue a summons for you to appear in court without immediately issuing a restraining order. In either case you will need a lawyer immediately. Your best bet is to start interviewing lawyers immediately. Most lawyers will give you a free initial consultation. You want to find a lawyer that you are comfortable with and one who will be ready if and whenever you are served with papers.
If she has a restraining order against you, stay away from her and do not even call her. She's waiting for you to violate the order so she can use that against you.
Related Questions & Answers
During a murder trial wherein a woman was standing trial for the murder of her... Asked 4/30/13, 5:56 am in United States California Criminal Law
Can a witness for the D.A. talk to the defendent in court as he's walking from the... Asked 4/30/13, 1:25 am in United States California Criminal Law
Hi. Thank you for advice. I had a misdemeanor almost 20 years ago, the case was... Asked 4/29/13, 4:35 pm in United States California Criminal Law
Ok...I was pulled over in Shasta Co. Ca. for a California stop at a stop sign. The... Asked 4/29/13, 9:53 am in United States California Criminal Law
After a defendant has been sentenced how long does it take to get personal property... Asked 4/29/13, 7:12 am in United States California Criminal Law