Legal Question in Civil Litigation in California
Restraining Order & My Lawyer & SO Having An Affair
My Domestic Partner of 4 years dissappeared taking all of his stuff while I was on business in Germany. He refused to communnicate with me completely. Told me to talk to ''Elizabeth'' my lawyer working on several credit cases of mine and his friend. She said I needed to get my life straightened out, clean up my credit, stop using crystal meth, then I should see about getting back with my partner. Little did I know, they were having an affair. There were finances issues requiring attention. After attempting contacts with my partner, the lawyer, and a few dear friends of my partner, I was left with calliing him at work as a last resort. He said not to anymore and sent a cease and desist email. He started communicating to me indirectly through craigslist Missed Connections postings. Never made direct communicatin with me. Out of concern for him, I contacted him again at work. Another instance at 3am I was on the phone with Richmond Police for 45 minutes because an indirect communication led me to believe he was suicidal. I was setup for a restraining order. I never threatened him nor went to his work. Can I subpeona for email address proof from website to show indirect contact? Also, what about Lawyer misconduct?
2 Answers from Attorneys
Re: Restraining Order & My Lawyer & SO Having An Affair
Wow. First things first. If you were a registered domestic partner, you should act before January 1 to dissolve the domestic partnership. Otherwise, it'll be like a marriage and you'll have to go to court and have a "divorce-like" proceeding. (We're still not allowed to marry in CA).
Second, if you believe your lawyer was having an affair with your partner, she certainly was acting unethically, in conflict with your own interests. You might report her to the State Bar.
Third, you can subpoena the records of the ISP (or Craigslist, as the case may be) to get copies of the communications and the identity of the person who placed those "missed connection" ads. You can also get police tapes of your 9-1-1 calls, and the written police log (if any) of your calls. Best, yet, you should run to a lawyer in your area to assist you with all of these matters. A restraining order is a serious matter that can follow you beyond the life of the order itself. Good luck to you! -Robert
Re: Restraining Order & My Lawyer & SO Having An Affair
I would think that you would want to fire Elizabeth and get new representation. Challenging the TRO is also advisable. I practice in Bay area courts. Call me directly at (619) 222-3504.
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