Santa Ana, CA asked in Civil Rights and Constitutional Law for California

Q: How should I present kicking in selfdefense after a neighbor got in my face hit me,chased me &was granted tempR.O?

My drunk neighbor on informal probation for a dui, got in my face for “slamming my door, punched me in my face while my hands were behind me, and then pulled away from me, falls down and gets up pursuing me around my car, so I kicked her one time and she and her multi felon boyfriend attacked me and my boyfriend as we tried entering our house, right in front of our babies. they got the worst end of something we tried to avoid. She filed and was granted a temp restraining order against me and my boyfriend, most of it was caught on our security cameras but I still don’t know how to go about making a presentation for the judge to prove we wanted nothing to do with it. I even called 911 twice and my boyfriend called 3 times and they never did. They blindsided us and lied about everything of course, and still confront us. She’s even attacked me once before and wrote an apology note about “lashing out at a mother with her small children” We were forced2 protect our children and each other.

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Order a copy of the security tape and take that to court with you when you have your hearing. File a response to the charge and state your side of the story, and stick to just what happened without embellishing anything or doing any name calling etc. Just be factual. Take the copy of the security tape and an extra copy to give to the judge when you are there at the hearing and ask the judge to view the video, which should support your story. Then you can turn the tables on the other party by requesting the restraining orders be made against her and her partner. File your own request for restraining orders at the same time you file your opposition papers.

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