Q: I used pepper spray on someone in self defense. That person turned around and is claiming they need a restraining order
After I pepper sprayed them in self defense to get a loved one out of the area they came looking for us and ended up throwing a brick through the car windshield. I called the police filed a report and also have an upcoming case with them for the damage to the car. Now they have turned around and tried to use the pepper spray incident to justify a restraining order for stalking. I also have evidence of them deleting text messages and lying on the police affidavit to make it seem one sided that I have been harassing them. What can I do or say to make sure that I don’t end up getting a restraining order or battery charge put on my records.
A:
Hire an attorney to represent you at the hearing on the restraining order (injunction) and provide them with all relevant evidence to present to the court. If they petitioned for an injunction, you will likely be served with a temporary injunction that provides a hearing date for the permanent injunction. It is advisable for you to hire an attorney for that hearing.
With regard to the criminal charge, there isn't a lot you can do to "avoid" a criminal charge except cease contact with them and hire a criminal defense attorney to represent you on the potential criminal charge. One attorney should be able to do both for you, the areas of law are somewhat related.
A: You should immediately retain a lawyer, I am certain that you are headed for a full blown hearing and will need competent counsel to represent you.
Michael Mayoral agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
