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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17529
Experience:  B.A.; M.B.A.; J.D.
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How do I prevent someone from filing a false restraining order

Resolved Question:

How do I prevent someone from filing a false restraining order?

My ex-girlfriend (broke up last week after a month long romance) called me and said her boyfriend beat her up and put her into the hospital and she was at home now.
I asked if I could come over to check in on her. She said no she didn't want to be seen like that. I told her to file a report on him. She said no, her mom was looking into that and that she had defended herself and drew blood and was afraid she would go to jail. I told her I was calling the police to go over to her house and check in on her, if she was defending herself she would be fine. She resisted this and angrily told me not too, but I called the cops and told them the conversation.

They did go over and check on her. She was unharmed in any way. She then proceeded to tell them some lie that I was harassing her and wanted a restraining order against me. The cop that took my initial report called me back and let me know she was O.K. and said she was filing a restraining order against me the next business day.

She told me she was going to get me fired from work for messing with her. I'm not sure what she is accusing me of but I have a high profile job where my reputation is crucial and do not want to be served at work with a false accusation. Guilty until proven innocent, and even if innocent enough people wondering if it was really true. I also own a gun and am not sure what the safest course of action is with it. Turn it in now?

It does not matter if I win the hearing which I'm sure I would, my reputation will be tarnished, my job at stake and my gun ownership rights taken away in the meantime with this history following me for the rest of my life on a background report. If I win she can just file another one, and another one.

Is there any way for me to file an anti-harassment petition precluding her from filing a false restraining order? Where I could go in front of a judge to prove my case before she serves me at work?

God smite those who really abuse Women and Woman deserve every part of the law there is to help them, but I'm about to get railroaded with no real repercussions on her for doing this action. Please tell me what to do.
Submitted: 5 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 5 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Unfortunately, there is absolutely nothing that you can do in this instance. You cannot pre-empt the filing of a Restraining Order. Your only recourse is to defend yourself once you get a Notice of Hearing. You would call the Police as your witness.

 

It is truly sad that someone that you tried to help is now doing this to you. However, you are powerless at this time--nothing to do, but to wait and see what she does and then defend yourself accordingly.

 

Customer: replied 5 years ago.

Nothing? or nothing that would have a over 50% chance of working? three questions here.

 

 

California Code of Civil Procedure

  1. CA Code of Civil Procedure 527.6 - Civil Harassment Protective Order

(b) For the purposes of this section, "harassment" is a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the plaintiff.

I am, and a reasonable person would, be caused emotional distress. I can't find the code that says I can't use 527.6 to stop or slow down a 527.6. Is not being able to use this case law or precidence?

#1) Is it possible to file a civil harassment protective order under the grounds of substantial emotional distress of her filing/threaten to file a false restraining order?

could it slow the other party down and make them think twice about following there false actions?

#2) would it be possibley benifitial to file my own order first so the judge would see my side first and put the other party on the defesive instead of offensive?

I just can't wait and see, I feel I need to be proactive.

#3) Would trying any of these things be harmfull to me or have no possible potential benifit?

Thank you for your time, I know I am asking alot of questions but I will accept your next answer


Expert:  Phillips Esq. replied 5 years ago.

#1) Is it possible to file a civil harassment protective order under the grounds of substantial emotional distress of her filing/threaten to file a false restraining order?

Response 1: You can, but I am 99.9% confident that your case would be thrown out.

could it slow the other party down and make them think twice about following there false actions?

Response 1b: It may, but it may also give the other person more reason to file for Restraining Order against you.

#2) would it be possibley benifitial to file my own order first so the judge would see my side first and put the other party on the defesive instead of offensive?

Response 2: No, I do not see any benefit in it.

I just can't wait and see, I feel I need to be proactive.

Response 2b: You may not have any choice.

#3) Would trying any of these things be harmfull to me or have no possible potential benifit?

Response 3: It may be more harmful. Your ex may just be blowing smoke and your filing may just push her over the age.

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