Legal Question in Family Law in California
I am currently going through a bad break up with my girlfriend of 5 yrs. We split on several occassions. But recently we have lived together for over a year. All of a sudden she decides to move out and refuses to give me any of my stuff. She started saying and doing things to provoke a response from me knowing exactly what she was doing. She documented most of it and cut and pasted certain parts of emails to make it sound like something it was not. She filed a restraining order against me. During the time of the filing & before the actual court date she came to my residence 4 times and my neighbors twice. When we were in court and i told the judge of this all he said was for me to get a restraing order against her. Since it is my understanding that if she wanted she could come to my house and call the cops and i would get arrested. She was given a minute order to return my things to me in two weeks time. She has not fully returned my stuff to me. I have filed for a restraining order against her to prevent that but have not had her served yet. Since the minute order was made she has called me herself 6 times and came to my house once. How do I get my stuff back from her(mostly files on a computer & things she claims were a gift & I claim I was letting her use while we were together) and how can i get her restraining order lifted since she clearly has violated her own restraining order? I have every phone call on dates she came to my house documented.
2 Answer from Attorneys
If this is a temporary restraining order, you need to get an attorney before your next hearing. It sounds like you need an attorney between you and the judge/commissioner. If you come across as being too aggressive (it is hard to be calm in these situations) it could hurt you. For further information, visit http:// www.ellifritzlaw.com