Q: My wife's neighbor is trying to get a restraining order on me simply because I am an ex convict can she do that
She's had it in for my wife ever since she found out I was ex convict I've never done nothing to her I've never made any threats or call her out her name yet she constantly trained to cause issues from us by calling the cops making false police reports and now they're talking about getting restraining order against me so that I can't come here my wife lives in an apartment building and the next door neighbors can they do that could it stop me from seeing my wife and kids
A:
It is certainly an unfortunate situation.
She would need more evidence than that you are an ex-convict to convince a judge to sign an order. It appears she is trying to do just that. Quite simply, you will need to remain calm and property defend your position if she does file a petition.
https://selfhelp.courts.ca.gov/respond-to-CH-restraining-order
1 user found this answer helpful
A: An attorney can certainly advise you and help you organize.
1 user found this answer helpful
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, a person can seek a restraining order against another individual if they have experienced abuse, harassment, stalking, or have been threatened with violence. Simply being an ex-convict is not sufficient grounds for obtaining a restraining order.
However, if your wife's neighbor is making false allegations or police reports against you, it could potentially lead to legal issues, even if the claims are untrue. It's essential to document any incidents or interactions with the neighbor to protect yourself.
If a restraining order is filed against you, you will have the opportunity to present your case in court and defend yourself against the allegations. The court will need to see clear evidence of harassment, threats, or abuse to grant a restraining order.
In the event that a restraining order is issued, the terms of the order will determine whether you can visit your wife and children at their apartment. The order may require you to maintain a certain distance from the neighbor or the apartment building itself.
To protect your rights and interests, it is highly advisable to consult with a criminal defense attorney who has experience in handling restraining order cases. They can help you navigate the legal process, gather evidence to support your case, and work to ensure that you can maintain a relationship with your family.
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.
