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Okay, I have a restraining order against me filed by an ex girlfriend. Crime was a C Misdemenor for Domestic Violence. I was given 1 year supervised probation and have gone to every meeting and paid the court every month since it went into affect in of May 2008. A VERY reliable source told me that my ex and her mother are trying to find my girlfriend and my new home address. The kicker is her mother works for the Post Office and that's how I'm being tracked. I have had no violations with my probation or protection order and I haven't even seen her since my last court date. She tried something similar to this late last year and rug me through court for another 5-6 months. What can I do to help this stop?? Can my girlfriend and I file for a protective order. I don't have enough space here to give you all the details. I would very much appreciate a reply on this. Thank you!!

Submitted: 445 days and 11 hours ago.

Category: Criminal Law

Value: $30

Status: AWAITING CUSTOMER ACTION

Columbus, Indiana

Already Tried:
since I just found out this evening around 6:30pm, I couldn't get ahold of my lawyer or probation officer so I left them detailed messages. I've taken counseling for stress and I don't even know why I was labeled the criminal in this...it's because I'm a man. I'm at a loss for feelings and words.....

Accepted Answer

Is the restraining order a term of your probation for the criminal conviction or a separate civil restraining order? If the former, the court has no authority to make any order regarding the victim. If it is a civil order, however, the court could make it a mutual restraining order, requiring her to stay away from you, too.

First thing in the morning, you should get in front of this with your PO by notifying him of what you've learned. And of course, you should notify your attorney tomorrow as well.

Unless they are trying to locate you for the purpose of serving some kind of legal papers, there wouldn't appear to be any legitimate reason for your ex and her mother to be trying to find your current address. And even for that reason, it is probably improper for her mother to be using her government employment for private purposes.

In any event, if you can demonstrate to the court that this is actually taking place, you can obtain a protective order either as a mutual order in an existing case or by filing your own petition. Discuss this with your lawyer tomorrow and I'm sure he'll be able to help you.

Accepts:
Expert:	RunTam38 CA Lawyer
Pos. Feedback:	99.6 %
Answered:	9/3/2008

Criminal Defense Lawyer

California lawyer 33 years, 10 as Deputy DA and 13 as defense counsel. More than 150 jury trials.

445 days and 9 hours ago.

Reply

The protection order is a seperate civil protection order. It was partial up until my sentencing court date, she had already filed the civil protection order so it took effect immediately upon the temporary restraining order ending. I work 2nd shift and went home for dinner at 8:00pm tonight like always. I seen my ex driving out of the housing division, she went right past me...she doesn't live there but my source says she was notified by someone that they seen me moving my belongings into the neighborhood. I left detailed messages on my PO and lawyers work voicemails tonight, but I WILL get ahold of them BOTH tomorrow to discuss things. This is really tiresome and stressing for me. Thank you for your help! Have a good night.

Posted by RunTam38 CA Lawyer 445 days and 8 hours ago.

Answer

You're welcome and thank you for the accept. Since there is a separate civil case, you could file a motion to make the restraint mutual. Have a good night's sleep and follow up with your PO and lawyer tomorrow. Good luck.

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