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I was told I was going to get a restrainitng order? allegations that I am stalking my ex when I have proof hes been contactin me

Westminster, CA |

I was setup by the mother of my ex she said that his new "girlfriend" was going to come to the house and if I showed up she was going to beat me up. I was wanting closure with my ex so I went to confront this situation. the I was approached by a woman pretending to be my ex's new girlfriend and she told me I had to leave then I told her I was there then to fight me she then pinned me to the ground and called the police. the police then just told me the battery charges against the other woman would be dropped after she was telling me I would go to jail for assault I do not know why the undercover cop decided to drop the charges and why my ex has not gotten a restraining order after a week. He has called the cops on me before with the same story that im stalking when I am not. what can I do?

Attorney Answers 3


You need to stop posting details on a public website and get an attorney to represent you at the restraining order hearing.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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For right now, cease any contact at all with your ex. Wait to see if your ex or his new girlfriend file a petition for a domestic violence restraining order under Family Code section 6220, et. seq. Just wait for right now.

Posting details such as you went to your ex's to "get closure" is an admission of sorts that could be used against you. Mr. Solis' suggestion that you stop posting details is prudent if you were to post another question here. Your ex and his girlfriend have access to this website and can see everything if they want.

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Nothing until a case is filed. And by nothing I mean nothing. Do not contact, harass, or drive by the ex's house, even if baited by phone calls or text messages. If a case is filed then retain the services of an attorney because based upon the facts described above you have an excellent opportunity to prevail in the OC with an attorney. If you refuse or fail to retain an attorney, then your chances decrease tremendously because you don't know when to remain silent. I wish you the best.
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The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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