Civil Harrassment Restraining Order Help.

[ChrisWilks90210]

California

I was served with a Temporary restraining order by my ex girlfriend. This was done in family law court, as civil harassment. Trial is set for end of June. This stemmed from a video that was posted on the internet of her smoking marijuana. The video was sent to prominent political leaders in the state. I had nothing to do with this. Also, I have not emailed, called or tried to communicate with her in any such way for over 2 months since this allegedly happened. The rest of her complaint contains 3-4 bogus incidents where she accuses me of “domestic violence” which she defines as hitting her, stalking her, and threatening her (all of which cannot be proven because they never happened, and there is no police report for any incidents).
Here are my questions:
1. What are my chances of recouping lawyer fee’s if the decision is in my favor? What about vice versa?
2. Is posting a video of someone smoking marijuana enough to justify a restraining order? Or is this a free speech and civil rights issue?
3. Are there any pro-bono legal services, and if so, where, that would represent me since she is using her political power and allies to represent her pro bono?
4. If I could show that she was still in contact with me, visiting me, and sending me texts/emails that she loved me after all of these domestic violence incidents, does that help at all?

 

[Hot Topic]

Playing devil's advocate here. If you had nothing to do with the video of her smoking marijuana that was allegedly sent to prominent political leaders in California, why did you ask if posting it was a "free speech and civil rights issue?"

If she has so much political power and influence, why should anyone in that circle care about the video of her smoking pot?

Google the pro bono legal services for your county or pick up the local phone book.

Provide proof of what you say she is doing and you should be okay. Go easy on the political power/influence unless you have rock solid proof of it.

 

[CdwJava]

1. What are my chances of recouping lawyer fee’s if the decision is in my favor? What about vice versa?

Unless you can prove she made knowing and intentional lies in her affidavit, your chances are slim to none.

2. Is posting a video of someone smoking marijuana enough to justify a restraining order? Or is this a free speech and civil rights issue?

I do not believe so, no. However, the court is not likely to address the issue of the video in the restraining order except for its potential to show a pattern of behavior. It will be an issue of unwanted contacts or threats that will be key in the hearing.

Unless the video was made in secret in a place where she might otherwise have had an expectation of privacy, it is not a crime to post a video that you are lawfully in possession of. It may, however, be defamatory, and a civil suit might be attempted. Who knows?

If you are sued, or, if she reports to the police that the recording was made in violation of state law, you will know.

3. Are there any pro-bono legal services, and if so, where, that would represent me since she is using her political power and allies to represent her pro bono?

Contact your county Bar Association and ask.

4. If I could show that she was still in contact with me, visiting me, and sending me texts/emails that she loved me after all of these domestic violence incidents, does that help at all?

It might tend to show that she really has no fear of you, but, unless you have PROOF of these things, it might backfire. Especially if she can respond that she replied to your initiated commentary in the hope of getting you to back off.