Harassment, Stalking, Misconduct Stalking Charges

[Jesse S]

Jurisdiction

California

Hi everybody, a restraining order was recently filed against me and my court date is next month. I am concerned that I could be charged with stalking even though I am going to agree to all of the parameters of the restraining order. How does this work exactly? Is it up to the victim to press those kinds of charges against me or does the judge decide whether or not I am charged? Any help is much appreciated thanks so much.

 

[army judge]

If the hearing is for a restraining order, you show up, listen to the sanctions, agree to obey the order, and everyone leaves no worse for the wear.

If a criminal charge were to issue, you might be arrested after the hearing, or told of the warrant before the hearing.

More than likely, if that were brewing, it would be addressed at a later date.

In the interim, stay away from the other party.

 

[CdwJava]

No, the victim does not have to "press charges." The state of California will do that if you violate the terms of the order.

As for stalking, if this was a single phone call as you described on the other board, then I cannot imagine that stalking will be filed by the police and the prosecutor.

Stay away from the woman, do not ever contact her again, and do everything you can to stay out of her sight and out of her thoughts.