Legal Question in Criminal Law in California
Harassment/Restraining Order
I filed a restraining order against my fiance's ex-wife beacuse she was following me, calling me and threatening me. 3 days after she was served she filed a police report and is trying to press charges against ME for harassment. I haven't done anything, should I seek counsel just to be safe or let it ride?
2 Answers from Attorneys
Re: Harassment/Restraining Order
Should you consult with a lawyer? In a word, yes. Attorneys are trained to spot and deal with issues that you might never even think of. Once spotted, a course of conduct can be established and followed, leading to a favorable result. For example, the fact that you filed and served a restraining order on that woman is something that she may have "neglected" to tell the police when she made the complaint against you. They would certainly want to know that in determining whether or not to act on her complaint. But if they didn't contact you, they'd never learn of that fact until after the charges were filed. An attorney can make sure that information is forwarded to the cops or the District Attorney before the decision is made to file charges against you. Once you have a thorough discussion of all of the facts with an attorney, there may be many things that can and should be done to prevent these charges from being filed against you. If you live in LA, don't hesitate to call me for a free consultation. Telephone: 310 393 0639
Re: Harassment/Restraining Order
I've read Steve M.'s reply and intend only to suppliment it.
You may want to send a copy of the restraining order to the police and district attorney. Normally these orders are filed with your police. She may have filed her complaint with her police agency.
Normally the County D. A. handles criminal matters but some cities have there own criminal prosecuters.
Call your local police and see if the complaint was filed there and if it wasn't then contact the agency the charges where filed in.
The police will not want to get involved in what for them is a cat fight. So even if a report was filed the police may elect not to file charges.
Related Questions & Answers
-
Employee rights If a person is convicted of a misdemeanour do they need to notify... Asked 3/18/01, 11:38 pm in United States California Criminal Law
-
Shoplifting What options do you have when you're arrested for petty theft... Asked 3/16/01, 5:14 pm in United States California Criminal Law
-
Sentencing a minor for drug-dealing in California If a 17 yr. old with no previous... Asked 3/16/01, 12:16 am in United States California Criminal Law
-
Clearing false charge from record ( exonerate?) I wish to remove a FALSE abuse... Asked 3/15/01, 6:28 pm in United States California Criminal Law