• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Filing a restraining order against someone who has a restraining order on you

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

tat123

Junior Member
You had options: you did not exercise them. You didn't take a court date seriously, and this is the result. No, you cannot file a "retaliatory" restraining order on the other person.
so basically the law protects the person clever enough to use the law to screw someone over.
I was 100 percent sure that restraining orders were meant for people who actually physically HURT someone, not someone the you have never even met in person and just want to screw over because they used to date your boyfriend. So I am sorry for not "taking it seriously." We are not all well versed on how these things work.
 


Silverplum

Senior Member
so basically the law protects the person clever enough to use the law to screw someone over.
I was 100 percent sure that restraining orders were meant for people who actually physically HURT someone, not someone the you have never even met in person and just want to screw over because they used to date your boyfriend. So I am sorry for not "taking it seriously." We are not all well versed on how these things work.
Well, now you know.
 

tat123

Junior Member
Well, now you know.
the top lesson i have learned from this is, it is incredibly easy to screw someone over, just find out when they are going out of town and file a restraining order a few weeks before that date, and if you are lucky, the court date will fall on one of the dates they are out of town
 

eerelations

Senior Member
I am not sure what you are getting at.

THe date was set before I was notified that a restraining order was filed, thus the person filing the order is at an advantage since they know in advance when the court date is.

What does the clerk not knowing who is who have anything to do with anything? It is not like the court clerk knows our schedules.

I am sorry that i did not cancel a trip due to this. Believe it or not some of us are not made of money and cannot afford to do stuff like that, especially for something that did not seem like it was going to have any weight in court.

I know now that if i ever want to severely inconvenience someone, all i have to do is file a restraining order against them.
One more time - you were told you could get the court date changed if you hired an attorney to do this for you, and you chose not to do this. In other words, this is your fault.
 

tat123

Junior Member
One more time - you were told you could get the court date changed if you hired an attorney to do this for you, and you chose not to do this. In other words, this is your fault.
one more time. I am NOT MADE OF MONEY and dont have thousands of dollars to spend because some girl wants to play games with me.

Again, i am learning that filing a restraining order on someone is a great way to screw them over

Maybe you all make 6 figures a year, But I do not, and it is absolutely ridiculous to go into debt because some girl wants you to stay away from her boyfriend
 

Silverplum

Senior Member
the top lesson i have learned from this is, it is incredibly easy to screw someone over, just find out when they are going out of town and file a restraining order a few weeks before that date, and if you are lucky, the court date will fall on one of the dates they are out of town
I don't know why you are so focused upon that point. If you actually read this from the CA Courts website, you'd understand the process: http://www.courts.ca.gov/1264.htm

You didn't even really NEED an attorney to get a postponement. :cool:
 

Silverplum

Senior Member
one more time. I am NOT MADE OF MONEY and dont have thousands of dollars to spend because some girl wants to play games with me.

Again, i am learning that filing a restraining order on someone is a great way to screw them over

Maybe you all make 6 figures a year, But I do not, and it is absolutely ridiculous to go into debt because some girl wants you to stay away from her boyfriend
You didn't need a dime. You can always defend yourself and file your own paperwork, if you do it correctly.
 

tat123

Junior Member
With this, I am finished feeding you, Alicia Silverstone-style: http://www.alameda.courts.ca.gov/Pages.aspx/Representing-Yourself

Alameda County is a mere representation that comes up first in a Google search. The laws and the principles behind them remain the same everywhere.
Again, i see nothing about not needing a lawyer to postpone the court date.
I am well aware I did not need a lawyer to defend myself in court. But i was told I DO need a lawyer if i wanted to change the court date. Since I do not have the money for the lawyer and I was sure she had no case, since we have never even met, I chose to not get a lawyer.
 

Proserpina

Senior Member
one more time. I am NOT MADE OF MONEY and dont have thousands of dollars to spend because some girl wants to play games with me.

Again, i am learning that filing a restraining order on someone is a great way to screw them over

Maybe you all make 6 figures a year, But I do not, and it is absolutely ridiculous to go into debt because some girl wants you to stay away from her boyfriend

Pretty sure we're not all earning 6 figures a year (unless the decimal point shifts over a bit). Essentially though I do have to agree with something you've said:

Filing a restraining is, actually, a great way for someone to at least try to screw over someone else and it can work very well - at least in the short term.
 

Eekamouse

Senior Member
one more time. I am NOT MADE OF MONEY and dont have thousands of dollars to spend because some girl wants to play games with me.

Again, i am learning that filing a restraining order on someone is a great way to screw them over

Maybe you all make 6 figures a year, But I do not, and it is absolutely ridiculous to go into debt because some girl wants you to stay away from her boyfriend
If you had stayed away from her boyfriend in the first place, you wouldn't be in this predicament. You screwed yourself over.
 

Silverplum

Senior Member
Pretty sure we're not all earning 6 figures a year (unless the decimal point shifts over a bit). Essentially though I do have to agree with something you've said:

Filing a restraining is, actually, a great way for someone to at least try to screw over someone else and it can work very well - at least in the short term.
I strongly doubt, however, that the plaintiff was able to secure a court date that expressly conflicted with the OP's plans. :cool:
 

tat123

Junior Member
If you had stayed away from her boyfriend in the first place, you wouldn't be in this predicament. You screwed yourself over.
Actually, it is the other way around. She was in a relationship for four years with a guy while i was dating the guy who is now her Boyfriend. She and the guy i was dating started sexting after she started stalking him after seeing him perform a show for which she was in the choir of.

I haven't done anything to her boyfriend, nor have i seen him in almost a year. She is the one who decided to cheat and start this whole mess in the first place. When i found out they were cheating i texted her to stop talking to him and she promised she would...only to later set up a date with him for the upcoming friday.
 

Proserpina

Senior Member
Actually, it is the other way around. She was in a relationship for four years with a guy while i was dating the guy who is now her Boyfriend. She and the guy i was dating started sexting after she started stalking him after seeing him perform a show for which she was in the choir of.

I haven't done anything to her boyfriend, nor have i seen him in almost a year. She is the one who decided to cheat and start this whole mess in the first place. When i found out they were cheating i texted her to stop talking to him and she promised she would...only to later set up a date with him for the upcoming friday.

Why on earth would you text her? Why would she do anything other than laugh at your request (which is evidently what she did) ?

Colour me confused.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top