Legal Question in Criminal Law in California

accused of violating a RO, now I'm being harassed

2 years ago an x boyfriend obtained a restraining order against me by lying to the court. Since then I have proof the he perjured himself in court.

Unfortunately the 60 days had passed to file an appeal and the order went into effect. In the past 4 months he has been accusing me of violating the RO by calling his work and sending him mag. subscriptions. I have done no

such thing. The police have called me and questioned me on both accounts and have even taken a handwriting sample. This is harassment! Can I sue him for harassment? Can i then take him to court and present the evidence that

he perjured himself in the first place in order to obtain this RO simply out of an act of revenge? He is a vendictive controlling man. I am in fear of my life now, as i do not know what he will try next.

Please advise. Not sure what to do about this. Is a counter RO the way to go?


Asked on 1/08/03, 7:20 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: accused of violating a RO, now I'm being harassed

Thanks for your posting, and sorry to hear about your situation. Please take a deep breath, and let's go through your options.

Can you sue him for harassment? Yes, although any lawsuit would be a civil matter, which has a different standard or burden of proof, and will not help you in any criminal prosecution.

A counter-restraining order may have given you the defense of retailiation if you had done so before the police were contacted. In my opinion, it would not help your current criminal case.

Your best bet is to hold onto all documentation regarding contact of all kinds to and from this person, and get an attorney to help deal with the police and the district attorney should this case go to prosecution.

I hope this helps, and if you have other questions or need assistance with defending your criminal case or any other matter, please email me directly at [email protected].

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Answered on 1/08/03, 7:51 pm


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