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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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Temp restraining order has been filed against a family ...

Customer Question

Temp restraining order has been filed against a family member. Court hearing scheduled 1-11-08 in Manteca, CA. Completing form CH110 (answer to request for orders to stop harassment). Allegations in the temp order are not true. Person named in order has no desire or intention to contact any named parties on the temp order. Do we fill in the answer form for personal conduct orders and stay away orders as "I agree to order" or "I do not agree to order" ? Don''t care about ever seeing/contacting anyone on the order again, but don''t want a perm order issued by mistakenly answering "I agree" if that''s not correct. We don''t agree with the allegations but glad to stay away from these people. Please help?
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
If you do not want a restraining order to be in place, then you need to object to the orders. At the January hearing you need to let the court know that you no longer will have contact with this person and do not want a restrainign order in place. Unfortunately if the petitioner wants this restraining order and there is cause to grant it, the court will award it. The court does have the discretion to deny the order, but typically the court grants it if the petitioner can prove some of the allegations to warrant it.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 5 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply toCustomers Post: Thank you so much for your assistance and response. It is so appreciated.

The petitioner does not have any evidence to support their allegation. When offered the opportunity to seek/validate proof, the petitioner denied to do so from the last information we had.

The allegation is a serious one, however we've contacted the court in question and they state the case has not had a criminal filing, only a civil filing.

While there is no desire to contact any of these persons listed on the order again, my family member was contacted by one of the persons named on the order. If they file the order, does that still give them the right to contact or harass my family member? Does that impact in any way the request for the order in the first place?

Thank you once again.
Customer: replied 6 years ago.
BTW, I am accepting your original answer as I certainly do want you to be paid for your time. I am hoping you will still answer my last reply.
Thank you once again for your time and assistance.
:)
Expert:  Attorney & Mediator replied 6 years ago.
Hi Customer:

Thank you for your accept.

Restraining orders are "one-sided" this means that the "alleged defendant" cannot contact the "alleged victim" but it does not stop the "alleged victim" from contacting the "alleged defendant". However, the fact that this person initiated contact is evidence to show that their petition has no merit as they are continuing to seek contact with the person they complained about.

I am glad there is no evidence and that she retracted.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
Thank you very much for your help. Seems odd someone who would agree to a restraining order would then initiate contact with the person they've filed the order against.

You've been most helpful and I will fill out the feedback survey I just rec'd.

You've been very pleasant and responsive, and please take this in the best possible way I hope I never need to contact your service again. :)
Expert:  Attorney & Mediator replied 6 years ago.
Yes, it is odd, but they do it because they want to assert power and control over another person, then they realize their mistake.

Glad all is resolve. Nice to have helped you and yes, let's hope that you don't have this type of problem ever again.

Best wishes.


Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
Reply toCustomers Post: I have a follow up question to this communication. Do I need to pay another fee? In case I don't, here is my question: The outcome of the restraining order was the judge imposed it as a 'dual order' meaning neither party could contact either. We agreed and thought that was the end of it. The people who were pushing for the order were very unhappy about the judges decision. We've now been called by a detective who states he wants to speak with my family member about this complaint on this Sat. We just rec'd the call this afternoon (wed) about 3PM. We don't have an attorney (and really cannot afford one). We are not sure if this is a 'mandatory' meeting. It's a long drive to get to the detective's location - is it possible to request the conversation via phone?
Expert:  Attorney & Mediator replied 6 years ago.
Welcome back.

The detective is making a request for cooperation. Without any court orders to subpoena your appearance you can ask if the telephone conversation is possible. It will be up to detective to agree. If your are physically needed to appear then you should make the appearance as it demonstrates cooperation. But it does not hurt to let them know it is a hardship for you at the present time and that you would prefer a phone conference about this issue.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
Reply toCustomers Post: Thank you. Does this indicate a criminal case has been/is being filed? At the time of the restraining order, I checked with the local court and they only showed a civil case. With absolutely no evidence or proof (as the accusation is false) could my family member still be charged? The day the accusers confronted my family member, my family member said 'let's go to the hospital to request any dna proof'. The accuser declined to do so. What could they possibly wanting with all this? We've been nowhere near them and have made absolutely zero contact with anyone listed on the order.
Expert:  Attorney & Mediator replied 6 years ago.
From the information you have posted, it appears that the detective is investigating for a possible criminal filing, since there was not one when the restraining order was filed. Depending on the criminal offense alleged, the statute of limitations to charge someone is typically one year to three years. So if within the time limit your family member can be charged.

Since there has not been any contact when the dual restraining order was filed, it appears the other person is seeking to press charges.


Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.



Customer: replied 6 years ago.
Reply toCustomers Post: What can one do if they feel they require legal advise/representation (like for this requested discussion with the detective) but cannot afford an attorney? I know if charged with a crime a public defender would be appointed but in this situation, it appears we are legally helpless.

And thank you for your assistance/responses. This is so frustrating to me as we've never had to deal with anything like this before.
Expert:  Attorney & Mediator replied 6 years ago.
It is best to go with an attorney, so the attorney can protect this family members interest, but if money is tight right now, then the family members needs to cooperate and only answer the questions the detective is asking. Your family member should not be adding any more information or anything less, just needs to answer the questions that are being asked of them.

The detective will only be asking for information about the events in question, so your family member needs to only answer those questions asked of them and not offer any more information or else he can open other doors for questioning if he provides information that was not asked of him.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 5 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you - that is good advice. We'll do our best and again thank you for your time and info.
Expert:  Attorney & Mediator replied 6 years ago.
Glad to be of help. All the best. I am sending this as an info request so you don't have to click accept again.

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