Legal Question in Civil Litigation in California
my ex is putting a restraining order on me. someone had came onto her property where she lives and had went into the backyard, left some kind of note, and scattered the garden hose all over the drive way. i had stopped infront of her house when no one was at home but never got out of the car. few hours later i drove by and saw that she was now home and i drove by playing loud music in my car and she had seen me out of her up stairs window and the her neighbor came out and then called the neighbor called the cops. i left at that time because i noticed the neighbor on the phone. i came back 30 mins later to find the cops infront of her house and then eventually was stopped by the cops. they asked me if i had done those things and i said no i did not. and the truth is i didnt. no one had actually seen anyone doing those things on her property, but still because of my ex and i were in a relationship in the past they assumed it was me....and they gave me a emergency protective order at that time, and now this morning i got papers delivered to my house by the cops, saying she is putting a restraining order on me. My question is can i fight this case by saying no one had saw me doing any of that stuff on her property and actually win?
thank you for your time
2 Answers from Attorneys
You will have a hearing where you will be able to tell your side of the story. Of course it is helpful if you have other evidence to show your whereabouts at the time of the incident, but the mere fact that you only have your story to fall back on it does not mean you will lose your case.
As long as you present your story to the presiding judge clearly and thoughtfully the presiding judge will give you a fair shot of prevailing in this matter.
Of course you could also just let the restraining order issue, leave your ex alone, get over it and get on with your life. Just a thought.
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