Legal Question in Criminal Law in California

if a man is arrested for violation of restraining order and stalking but it is a girlfriend of two years and she is the one persuing him to set him up what does he need to prove this. She has sent msgs to his friends and telling them he is her boyfriend and that he has had unprotected sex with her for two years and she has HIV but denied it to hm the whole time She would text him first and he was telling woman hat they were getting married . She also posted n her facebook page that she loved him . dont they have to hear his side and look at all evidence not just believe her? What does he have to show the courts to get his case heard.

Asked on 3/09/19, 5:37 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

No one here is going to give you actual legal advice, certainly not step-by-step, we can't legally do so, and you don't need sympathy for your story. You need an experienced attorney to defend you in court, using whatever credible, admissible arguments, facts and evidence are available.

Yes, your side can 'get heard' at the hearing in court that you were given notice of in the paperwork you were served. That is, if you timely file your Opposition pleadings, and if you show up in court at the hearing with persuasive presentation.

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Answered on 3/09/19, 6:24 pm

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