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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I was served a temporary anti harassment order regarding my

Customer Question

I was served a temporary anti harassment order regarding my neighbor who lied to get the order. I have no interest in being any where near her and have complained to my landlord and police etc. About her harassing me. I just want to know a.) If I can make it mutual by sending a letter to court because I can't attend hearing. And b.) How does this affect me legally. Can it preclude me from anything like getting a job or renting an apartment.
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.

A restraining order against you is a very significant issue (it prohibits you from owning firearms, it shows up on background checks, it will appear in future court proceedings (even if you don't anticipate any now)).

If it is a weak application, show up and defend yourself, and defeat the petition.

Expert:  CalAttorney2 replied 2 years ago.

You can of course file your own restraining order against her, but frankly filing a second frivolous petition is likely to make matters worse, not better.

Customer: replied 2 years ago.
I can't attend I have to work. I can't get out of work. The court clerk said I could write a letter. What should I say. She has no proof of the things she said.
Expert:  CalAttorney2 replied 2 years ago.

Dear Customer,

Writing a letter is not a proper response.

If you cannot appear, write a formal "Opposition" and file it with the court, and serve a copy on the petitioner (have a third party send it to them via USPS, and file a "proof of service" with the court along with your opposition).

In your Opposition, show that there is no credible evidence that you showed any threat to this individual.

You should file an opposition even if you appear in court.

(However, this is a very serious issue, if you cannot take the time off work, hire a lawyer to go for you. This really is the type of thing you take time off work for!!!).

Customer: replied 2 years ago.
I don't have time to have her servef. I received the order on Sunday and the hearing is on Monday.
Customer: replied 2 years ago.
Sorry the hearing is on wednesday
Expert:  CalAttorney2 replied 2 years ago.

Make sure you get it filed. You can send a "courtesy copy" to the judge as well.

You can have a copy faxed, emailed, or hand delivered to the applicant. (The whole idea is to ensure that you aren't engaging in "ex parte" communications with the court - where you are sending something to the court without showing the other party).