Legal Question in Criminal Law in California

Am I still able to file a (civil harassment issue) restraining order? The question stems as I received a pronographic text/voicemails stating "he's always been my man" end quote back in Oct 2011 from my fiance's ex girlfriend -she also sent a voicemail he had sent to her of which she had forwarded to me. I don't know how she got my # either. However Ihad several blocked number calls that I noticed started in Sept. 2011 to Dec 2011. A few different ghost numbers in March & my fiances half sister in March 2012 actually went to their cousins house to check up if we were still together and what her half brothers new phone number is. We did file a police report & 2 days after the incident and attmpted to file a Restraining order then but the paralegal told me I need her address for service. So a full on investigation was done & final investigative report just finished yesterday all so also I can get her address to file a R/o. I want an order as I dont know what her demeanor will be if she see's me and my finace together around town. I want to make sure she knows to stay away and never contact us again. Will a judge still grant a full 3 year order? We did press charges against her and hopefully the DA will prosecute. I do feel the graphic pic she sent has caused me severe emotional damage that will take me years to heal. I don't know if they will grant it this late on?


Asked on 9/20/12, 1:25 pm

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

As I understand the question, the last time you can prove that she contacted you was last October. I doubt that most judges will consider a petition for a restraining order filed a year after the last provable contact timely. I assume if other Law Guru attorneys they will comment since this is a matter that is up the the discretion of judge.

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Answered on 9/20/12, 6:13 pm


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