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My ex girlfriend filed a protection order

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I vioalted it and spent a night in jail. Once I got out of jail one of her friends called me from a private mocking and harassing me so in turn I sent my ex gf a text and asked her to please drop the order Will I go back to jail

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Answered in 1 minute by:
3/20/2018
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,145
Experience: Retired
Verified

Hello,
Please allow me a few minutes to consider your question. If I can assist I will provide an answer. Otherwise, I will reopen the question for others to assist.
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Customer reply replied 4 months ago
I have proof that she texted me her while the protection order was in place. Will that make any difference?
Customer reply replied 4 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 4 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,703
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you made contact with her for any reason, then you can be arrested and go back to jail if she reports the text message. No contact means no contact. If she has someone contact you on her behalf, do not reply, you need to go to court and file your own complaint about her violating the restraining order and the court will punish her, but if you contact her and she complains then you will get punished.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
Also when I was arrested for the violating the protection order the police took my phone and other property when I was booked in jail. Were they allowed to seacrh my phone?

Thank you for your reply.

The police need a search warrant to search your phone unless you have thumbprint lock and then they can force you to open it according to the court, which is why you should not use thumbprint or facial recognition and should always have a passcode.

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Customer reply replied 4 months ago
I had no security lock on my phone during my 1 night stay in jail, if they did search it could they use things they found on it as evidence?

Thank you for your reply.

The police need a warrant to search through your phone so, once they hold it, they need a warrant to take any information off of it. If they do not get a warrant you can move to have the evidence thrown out.

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Customer reply replied 4 months ago
In California what if I send my completed response papers for a restraining order hearing but I don't attend the hearing?

Thank you for your reply.

You cannot fail to attend the hearing, if you fail to attend your response will be disregarded by the court. It is not a good move to fail to appear at your restraining hearing unless you do not care that they will put the restraining order against you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
I have no witnesses because all of my family lives in a different country I'm sure my ex girlfriend will have tons of family members and friends that will lie for her so the order can be made permanent.

Thank you for your reply.

In court, to prove a case and win, one must present evidence of the allegations. Without evidence the court has to find for the party who produces that evidence.

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Customer reply replied 4 months ago
I violated the temporary restraining order already and I spent a night in jail for it. If I acknowledge that I violated the order will I be arrested at hearing if I'm asked did I violate the order?

Thank you for your reply.

You could be sentenced to more time for violating the order, that is up to the judge. The judge can decide to just give you credit for the night spent in jail and make you pay a fine.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,703
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
Is it better for me to not go to the restraining order hearing if I can't afford a lawyer? I have checked everywhere and even the prices for a pro Bono is too much for me also court appointed attorneys aren't available for this hearing. I feel that if I attend without a lawyer then I will do more damage to myself. If don't have a desire to apply for government jobs nor do I need to carry firearms so I don't think the order will affect that much.

Thank you for your reply.

Pro Bono means FREE. Legal aid charges based on your income. If you did not do what she is alleging, then you need to show up and defend yourself. You cannot just fail to appear, you have a summons to appear, that is a court order, so you need to show up.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Customer reply replied 4 months ago
Will I be arrested at my temporary restraining order hearing?My ex girlfriend called me from a private number harassing me I texted her back and told her to leave alone afterward I changed my phone number.

Thank you for your reply.

If you can show that she made contact first, then they should not arrest you and should dismiss the case.

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Customer reply replied 4 months ago
She called from a private number so I have no way to prove it. I changed my phone number shortly afterwards so that it doesn't happen again.

Thank you for your reply.

All you need to do is raise reasonable doubt so you need to show that there was a call from the private number in close time to the other call

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Customer reply replied 4 months ago
At the TRO, Which questions can I decline to answer?
Must I tell the judge my place of employment? I don't want my ex girlfriend to know where I work because I know she will start harassing at my work.Can I decline to comment on any questions about the violation of the order on the grounds that I haven't received any legal counsel regarding the violation?

Thank you for your reply.

You have to answer all questions. You cannot decline to answer any questions that pertain to your employment or the incident. You do not have to answer questions that are irrelevant to the incident or your relationship with the petitioner or other relationships even.

You can say to the judge you wish to prevent her from knowing your workplace because of harassment at work.

You cannot decline to answer saying you have not received legal counsel, you better get legal counsel now, which is what I told you in the beginning.

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Customer reply replied 4 months ago
What are the chances that a Public Defender can get my charges dropped?I was arrested for violating a temporary restraining order. The cops have evidence that I violated the order because my ex gf texted me after the order was already in place and I admitted to responding to the text.Even after I was released from jail she tried to contact me so I changed my number and reported it to the police and they informed me that she can't violate the order because she's the protected person.TRO hearing : Since then the judge has modified the order because she saw I was provoked and I showed her emails of my ex threatening to make false police on me in the past. The judge is now allowing peaceful contact without any threats, hitting, striking etc for 6 months. I have no plans of ever dealing with my ex girlfriend ever again via text or anything else.For my criminal charge I'm thinking of pleading guilty for the simple fact that I can't afford a attorney. Each private lawyer that I've spoken to wants $400 to $600 a hour to take this case.Besides having a permanent criminal record what else is the most likely outcome if I plead guilty?Guidelines say I could face a year in jail or up to $1,000 fine.
Customer reply replied 4 months ago
I'm also a first time offender.
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