First off, I know it seems like I'm some stalker or something in order to get a restraining order placed on me. In fact this is not true. I am a normal guy, who bumped heads with a psycho girl, that is trying to get me in trouble.
There is this female. I've heard that she has recently filed for a restrainign order against me, and as I have researched them, I've found that I'd be the only one to get in trouble even if I was in a place that she happened to come to. I am a photographer in the nightclubs, and seemingly it seems that she is trying to get me kicked out. (?). I have done nothing to her, and she's mad that I am better off than she. I have plenty of evidence (e-mails) showing her threatening me - and not once have I threatened her. Is there anyway to get this restraining order turned the other way against her - even if I present a good case to the judge? or must I file one?
Are there any rules saying that she may not come to where I am? Remember this is for CA. Thanks all :)
2007-01-08 03:54:59 · 8 answers · asked by Phillip R 4 in Politics & Government ➔ Law Enforcement & Police
Remember, I have done nothing to her. She has threatened me repeatedly, and wrote some awful e-mails (although I returned the favor). Yet I haven't threatened her. She is simply psychotic. She uses her gender to provoke the situation into more than it is. She accuses me as a 'rapist/molestor' when I haven't even hit on her once. It's obvious she's trying to get me in trouble because she has a personal vendetta against me. We have history (dating back to High School) and trust me, it wasn't good then either. She's just a gold digging chickenhead, who tried to dig of me - but miserably failed. I didnt give her money, or sex (which I know she was after so she could blame me for rape, LOL!) Everything she does has an evil purpose. I'm not a saint myself, but neither am I psycho. I know my boundaries, and limits, and I'v elected to never cross such lines with such women. Would the fact that she was arrested for PI (DUI, but in public) have any relevence to this case in court? Thanks again.
2007-01-08 04:01:51 · update #1
One, get a lawyer.
Two, it is my understanding that a restraining order is to prevent you from coming within x feet of her house or x feet of her work, places she is most likely to be at. If you are at work at a nigthclub, and she walks in, the restraining order would not apply because you are at your place of employment and you had no reasonable expectation to be within the set distance from her. You were obeying the order, and by her actions she caused you, without you knowledge or purpose, to violate the order.
This is called entrapment. It is just like a cop sitting outside a bar, waiting for you to get in your car to go home, and then pulling you over as soon as you pull out. Probable cause does not apply here because they didn't see you driving erratically, etc. Same applies to you. You made no effort to violate the order on your own accord, so she has no legal standing. You are pursuing your livelihood and she is intereferring with it. You may now have grounds for harassment and abuse of a court order (using a court order outside the scope of its directives). Make sure you record the instances when it happens and have witnesses to testify on your behalf.
With your lawyer, file a petition in court (In PA, it is originally filed with a district magistrate, then up to Common Pleas court) to have the order removed and also present your evidence as proof.
2007-01-08 04:15:50 · answer #1 · answered by Nick Y 2 · 1⤊ 0⤋
If she filed for a restraining order then you should have been served. You can always call your county's family court and see if there is a pending restraining order. If there isn't then I wouldn't worry about it. But it would be in your best interest to see if there is one, that for some reason was not served. You don't want to find out the hard way that one exists.
If there is a pending court order or you have been served, then there will be a hearing in which both sides will have the opportunity to present their case. This hearing determines if the order is dropped or made permanant. Keep in mind this hearing would only be for the case that has you listed as the defendant. Meaning he will only hear evidence to support her claim. If you want a restraining order against her you will have to file one yourself. Restraining orders are not reversed only upheld or dropped.
2007-01-08 04:09:02 · answer #2 · answered by Judge Dredd 5 · 1⤊ 0⤋
I believe that you would have to counter file to get a restraining order against her, which sounds like a good idea. If she has filed against you, you will be served temporary orders which will be in effect until your court date. Be sure and take your emails, and any witnesses, with you to your court date. Frankly, I would get a pocket sized cassette recorder ($70 at Radio Shack) and keep it with me at all times, to tape record any further contact you may have with her. You may also want to hire a lawyer to defend you at your court date.
The temporary orders will be pretty specific about what you can't do. Ask the officer who serves them your questions about working in the nightclubs. Be sure you do not have ANY contact with her after you are served - even if you get an email or phone message asking you to call her.
All I can tell you is that in Kansas, she could not knowingly come to a place where you are, or it would null the order. Good luck.
2007-01-08 04:09:58 · answer #3 · answered by blondie172 2 · 0⤊ 0⤋
Damn, is her name Mary, Monica, or Kendall? lol In CA, I don't believe they necessarilly have to notify you that there is a temporary one. At some point, they will notify you that a hearing is going to happen, and you will be served. It is also possible that she is just saying this to you to get your attention, and hasn't actually gone through with it. The best thing you can do, is file a report, and get a temporary order. If she threatens you at all, make sure you document it. If she leaves a threatening message on your voicemail, have your provider send the recording to you in a .wve file. Go to the police, report it. Just cover your butt in every instance..
Stay away from her, she is evil..
Good luck!
2007-01-08 04:28:36 · answer #4 · answered by Shawn M 3 · 0⤊ 0⤋
first of all, if man or woman B gets a restraining order against man or woman A, and shall we man or woman a communication to him/her and be with him/her, then what's the factor of having a restraining order?
2016-10-30 08:26:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋
She can't come around you just like you can't her, or family members. Anything that applies to you, same for her.
My advice, STAY AWAY FROM HER AND ANYONE SHE KNOWS!
Good luck!
2007-01-08 04:02:47 · answer #6 · answered by tdc923 4 · 1⤊ 0⤋
damn dude that sucks!!! i would just put one back on her, i think you could have the one she placed on you removed if you show good evidence... man that sucks i had one of those gf's before.. crazy HOs and their games!!!
2007-01-08 04:05:35 · answer #7 · answered by krazykarl0309 2 · 0⤊ 0⤋
I would put one against her...you have the evidence and please submit copies not the originals...
2007-01-08 03:59:52 · answer #8 · answered by Patches6 5 · 1⤊ 0⤋