Civil Harrassment Restraining Order

[ChrisWilks90210]

California


I was served with a Temporary restraining order by my ex girlfriend. This was done in family law court, as civil harassment. Trial is set for end of June. This stemmed from a video that was posted on the internet of her smoking marijuana. The video was sent to prominent political leaders in the state. I had nothing to do with this. Also, I have not emailed, called or tried to communicate with her in any such way for over 2 months since this allegedly happened. The rest of her complaint contains 3-4 bogus incidents where she accuses me of "domestic violence" which she defines as hitting her, stalking her, and threatening her (all of which cannot be proven because they never happened, and there is no police report for any incidents).

Here are my questions:

1. What are my chances of recouping lawyer fee's if the decision is in my favor? What about vice versa?

2. Is posting a video of someone smoking marijuana enough to justify a restraining order? Or is this a free speech and civil rights issue?

3. Are there any pro-bono legal services, and if so, where, that would represent me since she is using her political power and allies to represent her pro bono?

4. If I could show that she was still in contact with me, visiting me, and sending me texts/emails that she loved me after all of these domestic violence incidents, does that help at all?

 

[CdwJava]

1. What are my chances of recouping lawyer fee's if the decision is in my favor? What about vice versa?

Do you have proof that she knowingly and intentionally made false statements on the affidavit? If so, you can certainly sue her for your fees. Most likely you will be out of luck as these things tend to NOT be so easy to ascertain.

2. Is posting a video of someone smoking marijuana enough to justify a restraining order? Or is this a free speech and civil rights issue?

I wouldn't think an RO would issue for a video unless it was made or obtained unlawfully, or there is some other good cause to compel a court to order its removal. But, if the other party was aware of the video being made and the person posting it was in lawful possession of the video, I suspect little will come of it.

3. Are there any pro-bono legal services, and if so, where, that would represent me since she is using her political power and allies to represent her pro bono?

You can call the local bar association and ask, but typically you will not find pro bono counsel for most general civil actions. But, if the other person has political friends, they might have political enemies and someone may take pity on you.

You can check with a local law school and the county Bar and see what they have to say, but you are probably out of luck.

Perhaps you should remove the video and promise not to post any more.

4. If I could show that she was still in contact with me, visiting me, and sending me texts/emails that she loved me after all of these domestic violence incidents, does that help at all?

It might. can you provide proof of the veracity of all those emails and texts?

 

[fredrikklaw]

It's all hot air!

You did not mention what the "trial" is going to be all about, but going strictly by what information you have given, I can only presume the trial you are referring to that is set to take place at the end of June, is in fact an "ORDER TO SHOW CAUSE WHY A PERMANENT RESTRAINING ORDER SHOULD NOT BE ISSUED" hearing which is what follows the initial service of a T.R.O. (Temporary Restraining Order).

First of all, you cannot recoup attorney's fees and it will not make one iota of a difference in the outcome if you hire an attorney for this hearing or go pro per because a permanent restraining order WILL be issued by the court on that date. You should neither waste your time fretting over it and nor should you be taking this personal. Because restraining orders are issued quite routinely and in many cases without much regards to the circumstances and the reason for it is quite simple and somewhat understandable if you were to put yourself in the judge's shoes for one minute.

What if you denied someone a restraining order and two days later she (or he) is badly beaten or even killed by the person who was supposed to have been restrained? So prudence becomes the better part of valor and second-guessing to a point that some judges will restrain a cheese sandwich just to be on the safe side.

Also, the posting of a video of someone on the internet is not a free speech or the exercise of one's civil rights issue; it is simply a You Tube issue and that in and of itself is a non-issue. But for the sake of argument, causes of action under such circumstances will be more in the area of defamation for which truth is always a solid defense, unless she has an identical twin who will swear that it was her in the video smoking the weed. And no; you are not going to find any pro bono representation in a civil matter. None whatsoever!

Last but not least, you answered your own question in the best possible way; where is the proof? She can rant and rave about this and that, but at the end of the day, she will have to come up with some sort of proof and a very plausible answer to the question: Why didn't you ever call the police?

fredrikklaw

 

[army judge]

You don't have to prove your innocence.

The state must prove your guilt.

In the case of the restraining order, she must prove up her assertions.

If I were you, I'd keep my mouth shut about any and everything.

Even if you lose, so what?


Just stay away from her and change your number.

Sometimes people set others up by sending them messages just to keep them in their web.

For your sake, let it go.

It's over!!!