Legal Question in Criminal Law in California
I accidently sent a text to my ex saying "I don't why she is doing this it is only hurting our son". The text message was supposed to be sent to my mother, but her name and my ex's are right next to each other in the phone. My ex has a temporary restraining order on me and we are in the middle of a custody battle. The detective who phoned me said it is up to the District attorney if they file charges or not. She also said it is a misdemeanor and I would only be cited and not arrested if the D.A does file charges. What are the chances of the D.A prosecuting this?
1 Answer from Attorneys
I answered your question the last time you asked it. You are one of those people who talks to cops. You admitted to the detective you sent the text to your ex in violation of a restraining order. Talking to cops = confession. The cop is not interested in whether your mother's name is next to that of your ex in your phone or whatever other excuse you have. Maybe you will get lucky, but most people who run on at the mouth in the presence of police officers have reason to regret it. The only thing you should ever, ever say to a cop is I Have Nothing To Say To You Without An Attorney Present.
If the temporary restraining order is coupled with a future hearing on making the order permanent, you had better get a lawyer and have the lawyer file a timely written response to the restraining order application and show up at the hearing, unless you want three years of this. The only reason she filed for a restraining order is so she can have you arrested for violating it. If she gets a permanent order, and has you arrested a few more times, how is that going to look in your custody case? Don't say I didn't warn you.
Now delete your ex's contact info already.
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