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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I STARTED DATING SOMEONE SHE WAS IN HER MIDDLE AGES AS i AM.

Customer Question

I STARTED DATING SOMEONE SHE WAS IN HER MIDDLE AGES AS i AM. aNY TO MAKE LONG STORY SHORT SHE HAD A VERY PROTECTIVE SON,WHO WAS TRYING TO TELL HER HOW TO ACT. i FINALLY HAD MY FILL AS SHE DID AND HAD A FEW WORDS VIA TEXT MESSAGES. SO HE THOUGHT HE WOULD USE THAT TO PUT RESTRAINING ORDER ON ME AND HIS MOM. WENT TO COURT FOUGHT IT AND THE ORDER. NOW I HAVE HAD SOME VERY DIRTY THINGS HAPPEN AT THIS COURT . ALL I CAN SAY IS THE DA'S SHOULD BE LOCKED UP. BUT TO MY SURPRISE THE SAID THAT HE DIDN'T SEE ANY THREATS OR HARASSMENT AND DIDN'T GRANT THE ORDER ON ME. I THOUGHT THAT WAS THE END OF IT I HAVEN'T A WORD NOR SEEN HIM AND ME AND HIS MOM ARE VERY HAPPY. 7 MONTHS LATER I GET A 653 M CHARGE FROM THE DA 3X'S 3 CHARGES ON SAME CASE . EVEN THOUGH THE JUDGES SAID IN CIVIL THAT DIDN'T SEE ANY HARASSMENT HE JUST SEEN SOME ONE RESPONDING TO EACH OTHER. CAN THEY DO THIS AND HAVE A CASE.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: MADERA CA
JA: Has anything been filed or reported?
Customer: WHAT DO YOU MEAN I WENT TO COURT AND THEY GAVE ME CHARGES FROM THE CASE ON RESTRAINING ORDER
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO
Submitted: 8 months ago.
Category: Legal
Expert:  RobertJDFL replied 8 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 8 months ago.

Unfortunately, yes, the D.A. can charge you for this, even months later, as the state of limitations has not run. Civil and criminal matters are different, so the fact that a judge in a civil case regarding a protective order found no evidence of harassment does not mean you cannot be prosecuted in a criminal case. It may be persuasive, but it's not binding.

What section of the penal code were you charged under? Was is 649.6?