How likely will the judge dismiss this restraining order petition at the hearing?
She called us to tell us she had to give me paperwork for the order she filed. I went to the court to get more info and they told me the judge denied the request but there is still a court hearing for her to explain the situation. I have NEVER met the girl. We have had a few exchanges through text and on instagram where i had to tell her to stop contacting my bf and myself. She claims in her petition that I gained access to her amazon account to find her address when in reality, she used my bfs amazon account 2 and 3 months after we told her to stop contacting us. We have the receipts of her orders. Most of her accusations have to do with anonymous accounts she “knows” belong to me that “bullied” her on instagram for the past 3 months.
Today i got served with the papers and her “lawyer” which is her sisters bf (that i could not find on the CA Bar Association site through a search of his name) gave me a Cease and Desist Letter. I threw both items in the trash since the whole “case” is extremely petty.
I wrote a response to the order where I clarify accusations she twisted.
I am not a threat to this girl. It is all a mess of drama and jealousy from her that i am dating her ex boyfriend who initially told her that he didn’t want any communication with her since he started dating me.
Do you think the judge will dismiss the case?
- STEVEN FLv 72 months ago
No, the court DID NOT say the request was denied, but there was still a hearing.
If ANY of this is true, what they most likely stated is that the judge refused to issue an EMERGENCY restraining order that would be in effect until the hearing to consider a permanent restraining order.
Note: If she has a COMPETENT attorney, the attorney issued you a cease and desist order before even requesting a restraining order, and unless she convinced the lawyer you contacted her after receiving the letter, the attorney categorically refused to even file for a restraining order.
Note2: ANYONE can send a cease and desist order. It is nothing more than notice that if you keep doing something, they will take legal action.
Note3: ANY response to the cease and desist order give her an excuse to file for a restraining order.
- Anonymous2 months ago
I'm not understanding the situation. A "cease and desist" letter is just that - a warning letter telling you to "cease and desist" any contact. A restraining order is entirely separate. IF someone who is NOT an attorney claims to be an attorney, that's a felony.
If this goes to Court, you no longer have the "cease and desist letter," and that letter will be evidence. Why did you discard it?
What "papers" were served on you? IF one of the "papers" was a temporary restraining order, why did you throw it away?
You CANNOT tell a person to stop contacting a third person. Your bf can tell her to stop contacting him. Conversely, your bf CANNOT tell "the girl" to stop contacting you. Every person is legally required to speak for himself/herself.
Without seeing the evidence (yours and hers and your bf's) there is no way to know if this will or won't be dismissed.
The only "legal" issue that I see is YOU speaking on behalf of you bf. HE NEEDS TO SPEAK FOR HIMSELF. After that, proof is what will determine how the Judge rules.
- MaxiLv 72 months ago
A Cease and Desist Letter is NOT a restraining order, so the only thing you got was a Cease and Desist Letter............ it all sounds like young teenage drama playing nasties online