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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27066
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I received a temp restraining order from one of my husbands

Customer Question

I received a temp restraining order from one of my husbands female coworkers. accusations are that I've been calling and harassing her and accusing her of having an affair with my husband. I contacted her last March 2015, with a very nice facebook message and Voice message asking her to return my call, but she never did. I've only seen her 1 time, last July and have had no interactions with her until 1/26/16 after learning from my husband that she was getting calls and threats. In November 2015, servicing another female coworker in my Salon, this woman was compelled to share with me (not knowing her at all) her experience with the same accuser and her husband. So I shared my story with her as well. I'm not sure when all the harassment started but I was served to appear on this Friday, in SF @ 9am for a hearing. I am a business owner, as well as, a Cosmetology Instructor and this looks really bad when my calling is to empower women. DO I NEED AN ATTORNEY!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


You posted this in criminal law, but this sounds like this may be a civil order.

Have you been charged with a criminal offense, in which case your court date will be an arraignment, or is the order a civil order where you must defend the allegations on the summons? In which US state is this court appearance?

Expert:  Zoey_ JD replied 1 year ago.

I didn't hear from you, so I will give you a general answer. YOu c always respond to this question thread with additional information if you need more details.

If you are charged with a criminal offense, you should have a lawyer. There is a Constitutional right to a lawyer on a criminal case, and that was granted to us for a reason. Criminal convictions can have lifetime consequences, and while harassment is not a serious charge, it can still have lasting professional and personal repercussions if a conviction for it appears on your criminal history. Nobody is going to fully advise you of all of your rights and possibilities unless you have counsel. And if you want to fight these charges, all the way to trial if necessary, in order to safeguard your reputation, you should not do it yourself. You'd be held to the same standard of knowledge of your state's law and criminal procedure as if you were a lawyer. A judge is not required to make any accommodations for the fact that you're a lay person. To the contrary, in fact. So your chances of prevailing against a state prosecutor are far better if you are represented by counsel.

If this is a civil proceeding, no lawyer is required or necessary. However, again, as you are worried about your business reputation, you may want to have one anyhow. If you know that your opponent will be showing up with counsel, you would certainly want one to level the field for your hearing. Otherwise, the lawyer can use his or her greater knowledge of court procedure to keep your evidence from effectively getting before the judge.