Legal Question in Criminal Law in California
I was arrested on accusation of stalking but the DA declined to move forward with the case (I spent several days in jail but was never charged). My accuser, a vindictive former boyfriend that I was living with at the time, nevertheless succeeded in getting a restraining order in place in relation to his accusation that has cost me a job. Is there anything I can do about this?
3 Answers from Attorneys
Do you mean a temporary restraining order or a permanent one? If it's temporary then there will be a hearing before the court decides whether to make it permanent. You should get a lawyer ASAP to prepare opposition papers and represent you at the hearing. If that hearing has already occurred and you are now faced with a permanent order, there may still be time to challenge it either in the trial court and/or on appeal. You have only limited amounts of time to bring such challenges, though. Please feel free to contact me directly if you want to discuss your options further.
You can or could have opposed the restraining order.
As Mr. Hoffman and Mr. Nelson have explained, your options are based upon some of the details and especially the timing. Generally someone is granted a TRO (temporary restraining order) until there is hearing about whether there is sufficient cause and evidence to grant a restraining order that is permanent. The TRO will contain the information about the hearing date and time. It should have been served on you. If you go to the hearing the court will hear your side of the story and weigh the circumstances and the evidence and make a decision. However, if the hearing has already taken place the options are a bit different and period of time starts becoming crucial. Therefore I suggest you contact an attorney for some help. The expense of an attorney will be a lot less expensive then the expensive of losing a job. Good luck
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