Whether or not the DA proceeds will the case will depend upon their review of the facts and whether or not they think they can prove that a crime was committed. As far as the boy speaking at the hearing yes he is absolutely allowed to testify. He can testify either for the DA or for you. This sounds like a matter where you really need to hire one of us could local criminal defense attorneys to help you out so that you don't end up in prison for something that sounds like you didn't do. Most of us offer a free initial consultation so that you can meet us and decide who you are comfortable with fighting for your rights.
I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com
If the boy's mother is cooperating with the District Attorney to pursue a case against you for Statutory Rape, the Restraining Order is the least of your worries. A conviction for Statutory Rape makes you eligible for the public Sex Offender Registry. The boy will have the right to testify, or may even be required to testify. You need to fight these charges.
Seth Weinstein, Esq.
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
First, is this a restraining order or an injunction? A RO is something granted without a hearing. An injunction is something granted by a judge after a hearing.
At the hearing though remember that you can be called to testify and must either tell the truth or use the fifth amendment to refuse to testify. If you refuse, that can be held against you in this hearing.
You need to be talking with a local criminal defense lawyer, now.
Her imaginings are not evidence. Her observations are evidence. The boy's testimony will be required almost certainly.
Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
You need to be very careful about how you proceed. Statements you make in the answer to the temporary restraining order, and those you say at the hearing itself can later be used against you in a criminal action. It would be best to have a defense attorney represent you at the upcoming hearing and to also speak with law enforcement and prosecutors if the need arises. Most defense attorneys provide free consultations, so there's no reason not to learn what can be done to protect your interests.
Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381
Since this has you so worried, as it should, you really need to hire the best locally experienced criminal defense attorney you can afford to get in there and try and stop this case from going any further. If nothing else, they can be your voice to the court and law enforcement.
Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555