Legal Question in Civil Litigation in California

I have been having an affair with a woman for over a year. Her husband found out and has taken her phone and computer. I know, because he contacted me and told me to leave her alone. She had not said anything to me, and its only her phone and email I am contacting. I'm sending 1-2 emails and calling once a day trying to get thru. I am not being threatening at all, just concern. Could he get, or force her to get, a restraining order against me?


Asked on 12/13/13, 8:01 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The answer should be no. Only the wife should have standing to complain about this, and the husband shouldn't be able to force her to. But in the real world, people sometimes give in to pressure from their spouse, and courts sometimes issue restraining orders when they shouldn't. That's especially true when the respondent doesn't have a lawyer.

Hopefully you won't have to go to court. But if you do, get counsel as soon as you're served with papers. Good luck.

Read more
Answered on 12/14/13, 11:25 am
Terry A. Nelson Nelson & Lawless

Could he get, or force her to get, a restraining order against me?

Yes, you've just described 'harassment' on which the courts will issue restraining orders almost without question, in order "to keep the peace". If that happens, you could lose your firearms rights, among other things.

My suggestions is to immediately cease ALL contact. You might also consider hiring an attorney to write a letter to them saying you now understand the rules, never meant to harass, and will never contact them again. Do not send that letter yourself.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

If you are served restraining order papers, immediately hire counsel, contact me.

Read more
Answered on 12/16/13, 1:33 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California