How to answer a restraining order?

Los Angeles, CA Viewed 44 times. Posted about 1 month ago in Criminal Defense

I have a temporary restraining order against myself in the state of California. I am uncertain of how to write and format the answer to the order. Since the answer is mailed to the one who filed for the order, I do not want to provide information that they could possibly use against me. Basically, I'm at a loss of how to write this.

Additional information
To clarify, the order was filed by an ex-boyfriend. The order contains a do-not-contact order, a stay-away order, and a request that I enroll in a Batterer Intervention Program.
I did send him a large number of text messages. The texts did not threaten harm against him; they threatened harm against myself since he told me to kill myself. He lied in the original complaint. He said that that the last time he contacted me was on __, when in reality it was the day OF me being served because I had called to get back the money that he owes me.
The Stay-away order is not possible. We both attend the same college. He is not currently enrolled, but does plan to re-enroll. He also attends events and activities at the school NOW, despite not being a student.
As a result of a physical altercation between the both of us, he received scratch marks on his chest. I'm unsure whether to describe it as mutual combat or self-defense, since he had grabbed me and slammed me up against the wall, when I in turn scratched him.

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Answers (3)

Howard Woodley Bailey

This attorney is licensed in New Jersey. Posted about 1 month ago.

Your question gives you your answer. If you do not know how to proceed, you need to consult directly with one of the excellent defense lawyers licensed to practice law in CA who list here on Avvo.com. This is highlighted by the fact that you provide no information whatsoever about the underlying facts from which even the most basic assessment could be made by any lawyer reviewing your inquiry. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

Brian Neal Gurwitz

This attorney is licensed in California. Posted about 1 month ago.

Your best bet is to hire an attorney if you can afford one. Unlike a criminal case, you aren't entitled to a public defender's representation.

If you can't retain an attorney, then follow the directions that should come with the form you were provided.

You say you are afraid that the answers can be used against you. An attorney with criminal defense expertise should help you understand how to protect your Fifth Amendment rights (i.e., your right to remain silent). In an extreme case, you may be better off not fighting the restraining order to avoid exposing yourself to the much harsher consequence of criminal charges. Whether that is true in your case is too complicated a question to answer without a full interview about the circumstances of the offense.

Brian Gurwitz, Criminal Defense Attorney in Orange County, CA

John M. Kaman

This attorney is licensed in California. Posted about 1 month ago.

You don't indicate what the order restrains you from doing. There are many types of restraining orders particularly on the civil side. On the criminal side the most common is the protective order in domestic violence cases. Without knowing your situation it is impossible to advise you in this forum. You should seek out the services of an appropriate lawyer before the hearing on the permanent order.

John M. Kaman