Legal Question in Criminal Law in California

Stalking accusations without any restraining order

If a vengeful girlfriend decides she wants to cause problems for her x-boyfriend, can he be charged with stalking without having ever been served with a restraining order? These individuals shared the same home (until she removed him from the lease without his knowledge, but he still lived there because he had no idea) and he was railroaded into accepting a plea bargain on a stalking and burglary charge where nothing was taken from his home, no restraining order existed at the time of his arrest, and he had no idea that he was no longer a legal tenant, as the landlord never notified him that she renewed their lease only in her name. How can a stalking charge stick??


Asked on 7/25/02, 12:04 pm

3 Answers from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Stalking accusations without any restraining order

Moron, she dumped you. Leave her alone and go find someone else. You can't make someone love you. You're going to end up in jail. Leave her alone. No restraining order is needed. Just stay away and get on with your life. It is that simple.

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Answered on 7/25/02, 12:08 pm
Gary Olive Law Offices of Gary Olive

Re: Stalking accusations without any restraining order

Well, the charge will stick now that your "friend" has pled to the charge. Your friend is now convicted of that charge. Anytime you accept a plea bargain it is buyer beware. The deal may come back to haunt. Especially in a case like this where it appears that there are some good facts on the defendants side.

Best of luck

Gary Olive, Esq.

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Answered on 7/25/02, 8:54 pm
Robert Johnston Law Offices of Robert J. Johnston

Re: Stalking accusations without any restraining order

If he has already pled guily, then the charge has already "stuck." You do not have to have violated a restraining order for an arrest of stalking. Stalking is stalking.

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Answered on 7/26/02, 11:42 am


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