• 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.

Good Samaritan served with Restraining Order

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

bigmamahq1

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

Hello, I am a Good Samaritan who was trying to protect a dog found running down the middle of a busy street. I called the number on the dog's collar immediately and said I had the dog and would return it. Upon closer examination the dog was clearly being---intentionally or not---abused. It was an unneutered male with no dog license tag, appeared malnourished, and was filthy. It looked like the dog was being used for illegal "backyard breeding". We called back the dog owner and informed them that we were going to turn in the dog to Animal Control. Several hours later two sheriffs appeared at my home and demanded the return of the dog unless I wanted to be charged with Grand Theft!!! Heartbroken, I relinquished the dog, and have notified Animal Control about the possible abuse. Now I've been served with a temporary restraining order (!) by this woman, falsely claiming that I "stole (her) dog and then threatened (her) verbally (and her older son)." She also falsely claims that I "pointed and yelled at (her, in front of the Sheriff) saying, 'I know your names and address!"

Attached to the temporary restraining order and its order to appear in court is the front page of a police report that classifies the incident as Grand Theft!!! I called the Sheriff's station and was told I could not receive a copy of the report. No charges have been filed that I know of and I have not been contacted by a detective.

What should I do now? I cannot afford a lawyer to help me fill out the CH-120 form, "Response to Request for Civil Harassment Restraining Orders" or to accompany me to the hearing. Any suggestions on how to handle this frivolous mess? Thanks!
 


CdwJava

Senior Member
If you do not have the assistance of counsel, complete the response to the CHO as completely and honestly as you can. But, keep in mind that anything you write can and will likely be used as part of any criminal trial, too.

As for Grand Theft, this dog must be worth $950 or more ... that's one heck of a dog!

If you are charged with a crime, you can ask the court for appointed counsel and your attorney can then get a cpy of the police report.
 

Find the Right Lawyer for Your Legal Issue!

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