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Old 02-16-2009, 07:56 PM
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Join Date: Feb 2009
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Restraining Order against me, lie, arrest?


What is the name of your state (only U.S. law)? California

My daughter has a restraining order (non clets) against me, which is a long story about lies my daughter made up against my husband and I. Police have nothing against us in the paperwork. We did not go to court because we didn't want to cause problems with my family. We came to an agreement that allowed us to see our grandchildren at certain times. My daughter has flip-flopped so much in the last year of this RO. She has mentally lost it and is making up lies after lies. I told a neighbor of hers that I went by my daughters house (which was an invite), she told my daughter and I was told by the police that my daughter is bringing charges against me. This supposedly happened 2 weeks ago (which is NOT when the mutual invite happened). The police said my daughter has to officially sign the papers on Thurs, so I wont know until next Monday.
The person that is the neighbor is also a well known drunk, not credible. There is no proof of me being there on any other time then the one mutual visit. What is going to happen to me? What can we do to protect ourselves against lies? We live in a small town, so we driveby each other often, mostly her driving by my store which is on a small "main" street in town. Any advice is appreciated.
Agnes
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Old 02-16-2009, 09:12 PM
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Quote:
Originally Posted by chuckies12 View Post
We did not go to court because we didn't want to cause problems with my family.
That explains why the RO was issued.

Quote:
We came to an agreement that allowed us to see our grandchildren at certain times.
Was this added to the conditions of the RO? If not, then the previous conditions still exist and are legally required to be adhered to by the protected parties.

Quote:
I told a neighbor of hers that I went by my daughters house (which was an invite), she told my daughter and I was told by the police that my daughter is bringing charges against me. This supposedly happened 2 weeks ago (which is NOT when the mutual invite happened). The police said my daughter has to officially sign the papers on Thurs, so I wont know until next Monday.
I don't know what "papers" they want her to sign, but I suspect they are having her complete a written statement before they present the matter to the District Attorney. The DA may choose to go forward, or they may not.

I'm surprised the police have not chosen to speak to you, yet? I suspect they will before they send it to the DA, though.

Quote:
The person that is the neighbor is also a well known drunk, not credible.
Credibility is an issue for a jury to decide. But, you DD tell her, so her statement to that fact is true. Unless you want to commit perjury, her statement will likely be allowed to stand.

Quote:
There is no proof of me being there on any other time then the one mutual visit.
Unless that visit is permitted under the RO then that would be a second violation of the court order.

Quote:
What is going to happen to me?
We don't know.

Quote:
What can we do to protect ourselves against lies?
What lies? By your own admission you DID drive by - at least that one time.

Quote:
We live in a small town, so we driveby each other often, mostly her driving by my store which is on a small "main" street in town.
Incidental contact is not likely to be filed by the DA. Driving by someone's house intentionally is NOT likely to be ignored.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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