Legal Question in Civil Litigation in California

legal rights of restrained party (T.R.O/R.O)

I am the defendant or restrained person on a restraining order filed by my x-girlfriend. I was arrested for felony D.V. but was released prior to ariagnment on O.R. I have no previous criminal record of any kind except traffic violations and traffic related F.T.A's. Civil Court granted my x the full 3 yr restraining order. Does this automatically render me guilty for criminal charges? My x has done many things that I consider harassment, trying to contact me, asking various friends about me, visiting my residence uninvited, etc... Do both the plaintiff and defendant need to abide by the items of restraint listed on the R.O.? And if so what can I (defendant) do to protect my self from my x (plaintiff)? Also most but not all of the accusations listed by my x in her statement on the R.O. are false and I can and do have documentation proving such. Do I have any legal recourse there? Finally I have a criminal defense lawyer on retainer, he seems to only be concerned about my case if criminal charges are pressed. Do you have any recomendations of whom, or what area of law I can speak to concerning what I consider harassement and violation by plaintiff of R.O.? Or do I have no legal rights in these matters? Thank you for your time.


Asked on 8/12/06, 3:04 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: legal rights of restrained party (T.R.O/R.O)

The restraining order does not mean you will be found guilty when and if you are prosecuted. A conviction requires proof beyond a reasonable doubt of every element of a crime, but the restraining order case likely did not look at every element of the Domestic Violence charge and did not require anything to be proven beyond a reasonable doubt. Further, criminal defendants are entitled to jury trials; if a restraining order hearing (where there is no jury) could mandate a guilty verdict then defendants would often be denied their right to a jury trial.

At the restraining order hearing, did you show the judge your evidence about your ex's false statements? If so, what did he say? If not, why not? How long ago was the order made? I can't offer much guidance without the answers to these questions.

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Answered on 8/15/06, 8:40 pm


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