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:
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.
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
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