Legal Question in Civil Litigation in California
I live in Orange County Ca. and I was let go from my position as an outside sales representative for a freight company. I was fired via email and the departure was not amicable and I returned my equipment (Laptop and cell phone). I was emotional and angry but kept my mouth shut and remained professional. We did exchange emails that last day and all of which were factual and were centered around finding directions to the mutually agreed meeting place. When they terminated me I made it know that I was going to be consulting an attorney to see if there had been any wrong doing.
I heard a rumor that they were filing a restraining order against me. On that last day we (my Bosses) spoke on the phone to arrange a meeting place for the exchange of my equipment and to collect my last check my tone was one of impatience, and of disrespectful nature but I never threatened, abused physically or verbally, stalked, repeatedly emailed or called, stalked, name called, or showed up at their office location nor did I contact any of their accounts that were brought on by me. I have not contacted them in anyway since my termination date.
Can they file a restraining order against me?
3 Answers from Attorneys
I've actually had several client asked me this question before. Sadly, anyone can file a restraining order against anyone else and it's not that difficult to do. However that doesn't mean that the person filing for the restraining order is going to be successful and obtain it because there is a certain standard that the person applying for this restraining order needs to satisfy.
If you did not physically threaten them or do anything to make them reasonably fear for their physical well-being then you should really not have a problem and even if they do file or straining order against you they probably will not succeed.
Nevertheless, it would still be a pain and a hassle for you to have to defend the restraining order because you obviously do not want it on your record. I suggest that you retain counsel as soon as possible to explore your legal options for you to perhaps go on the offenses before they file such a restraining order. I would be willing to provide you with a free no obligation 30 minute telephone consultation. Actually have significant experience in this area and am currently handling a case for a client in which we may go into court and apply for us a restraining order against his ex-girlfriend. This issue tends to come up all of the time in labor and employment matters and because that is my area of specialty I have done many of these cases. Feel free to call me at 323-274-2104
Based on the facts you provide, they should not be granted a restraining order.
If they seek a restraining order and tell the court what you told us, then the court should turn them down. But they may tell a different story. If they do, it may be good enough to get them the order.
At first the court might give them a temporary order. Whether it does or not, you will have a chance to respond in writing to their allegations and to argue to the judge in court before the order becomes permanent. You will want a lawyer to represent you if at all possible. Even if you deserve to win, your chances of losing will be much higher if you represent yourself.
Remember that the consequences of a restraining order can be severe. It will show up on background checks, making it hard for you to find new employment. Anyone else running a background check (a potential new significant other, for instance) would find out about it too.
And if you are accused of violating such an order, you risk severe punishment. After all, the company might persuade the court a second time just as it did the first, even if the facts really don't support its position.
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