Legal Question in Appeals and Writs in California

Re: harassment restraing order

People that don't know what to do in court generally are well advised to hire an attorney that does. If serious about doing so, feel free to contact me. You need to defend yourself with whatever defenses, facts, evidence, witnesses, etc., that you have available.

Re: harassment restraing order

The case is over, and you lost. Never ignore court papers. Obey the restraining order.

Re: harassment restraing order

It depends on what you mean by "if there is anything I can do". There is often something you can do and given the fact that you have a court date of July 6th, it sounds like there is absolutely something you can do. Is that court date related to your arrest? You just need a good attorney -- preferably one that can help you resolve the underlying feud as well as help you get your life on track.

Do not just sit back and do nothing as you did before or you will get more of what your getting. I understand that it can be hard to stand up for yourself sometimes, but that's why a good lawyer can help you help yourself.

Re: harassment restraing order

Please excuse me for misreading your question.

While the train has left the station as far as fighting the 3-year restraining order, you can still defend the charges beginning July 6. You will need to retain a lawyer beforehand in order to have a realistic chance of not being found guilty, which could result in fines and even jail time not to mention a criminal record. But the court is only going to consider whether you violated the restraining order, they will not revisit the issue of whether the order should have been issued to begin with. You can use a public defender if you can't afford an attorney, but this course of action.will probably result in your having to plead guilty, and among other things this may render you unemployable.

Re: harassment restraing order

Sometimes restraining orders can be terminated. (See, e.g., Penal Code section 136.2.) The court can use Form CR-165 (Termination of Protective Order in Criminal Proceeding). Santa Cruz County has form SUPCV 1069 (Order to Terminate Civil Harassment Workplace Violence Or Elder Abuse Restraining Order). Kern County does not appear to have its own form for this (Kern County forms begin with the prefix �KN�).

You can file a petition to terminate/modify the restraining order. However, given the fact that you defaulted, the restraining order was issued, and you were arrested, I would think the court would be quick to deny the petition if you presented and argued the petition on your own. You should retain an attorney to first discuss the details and to evaluate all of your options and, if appropriate, to file and present the petition.

I have only been in the Kern County courts a few times, but feel free to call me if you decide to retain an attorney.