Q: My ex boyfriends sister is trying to get me in any kind of trouble she possibly can and her newest scam is……
Filing a domestic violence, restraining order on me when I have not even seen this woman in over four years and have had absolutely no contact with her due to the fact that she either blocked me or changed her phone number at least a year ago! And what I am wondering is, can I get the whole order thrown out due to the fact that I am not related to her? I have not ever lived with her we have never been intimate or anything like that….its all b.s. but I want to be able to make sure she can’t get this order on my record. How do I tell the judge before the hearing????
A: Under California law, while a restraining order typically arises from relationships defined by family, cohabitation, or intimate involvement, other types of restraining orders can be sought, such as civil harassment restraining orders, for broader categories of relationships. To obtain such an order, the petitioner must show a pattern of harassment or a credible threat of violence. If you believe the claims against you are unfounded, it's crucial to attend the hearing and present evidence supporting your position. Before the hearing, consider gathering evidence that demonstrates the lack of contact or harassment. Written declarations, witness statements, or any communication records can be beneficial. You'll have the opportunity to present your side to the judge at the hearing. It's advisable to consult with an attorney familiar with restraining order proceedings to guide you through the process. Proper representation can help ensure your rights are protected and that you present the strongest possible defense.
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