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I'm an sacidental stalker, now facing TRO hearing... :(

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gnovos

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

My business partner is also my ex-girlfriend. Well, we had some fight about something, I don't even remember, and she got *very* upset... except I didn't know that she was upset. Suddenly she stopped responding to all communication, disconnected her phone, and then actually left the city for a couple of weeks. I was in a total panic, thinking something horrible had happened. I was frantic to find her and see if she was ok, and I searched everywhere and sent a billion, trillion emails. She was gone almost 3 weeks! I even called missing persons at one point.

And so, when she returns, she puts a restraining order on me for stalking... Except that, in a sense, it's true. But it wasn't intentional stalking, I was just terrified for her life. :(

Is there even any defense at all? The thing is, I don't want to hurt or scare her, this was totally my fault for jumping to conclusions and overreacting... but at the same time, I don't want a restraining order on me, that feels like such a weight.

I'm not sure what to do.

Edit: I just noticed I have a voicemail from her just little while before she vanished. On this day we had been arguing and I stopped answering my phone. She had called me *many* times in a row, and in the voicemail she says explictly, "Look, this is what people do when they cant to talk to someone who won't answer. They call over and over and over. I'm going to KEEP calling until you pick up."

Would it be reasonable to use that in court to show that she used the same kind of tactics, just a few days before?
 
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Proserpina

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

My business partner is also my ex-girlfriend. Well, we had some fight about something, I don't even remember, and she got *very* upset... except I didn't know that she was upset. Suddenly she stopped responding to all communication, disconnected her phone, and then actually left the city for a couple of weeks. I was in a total panic, thinking something horrible had happened. I was frantic to find her and see if she was ok, and I searched everywhere and sent a billion, trillion emails. She was gone almost 3 weeks! I even called missing persons at one point.

And so, when she returns, she puts a restraining order on me for stalking... Except that, in a sense, it's true. But it wasn't intentional stalking, I was just terrified for her life. :(

Is there even any defense at all? The thing is, I don't want to hurt or scare her, this was totally my fault for jumping to conclusions and overreacting... but at the same time, I don't want a restraining order on me, that feels like such a weight.

I'm not sure what to do.


Get an attorney.

You stalked her.
 

cyjeff

Senior Member
When you talk to the attorney, think really hard about that "nothing" you did that actually made someone LEAVE THE STATE FOR 3 WEEKS.

I am sure you will come up with something. after all, she has.
 

CdwJava

Senior Member
At the TRO hearing you will have an opportunity to make your case to the judge. If it was innocent concern, you may be okay.

Did you actually report her missing? You said you "called missing persons" ... what did that entail? Who was it you called and what did you do?
 

gnovos

Junior Member
At the TRO hearing you will have an opportunity to make your case to the judge. If it was innocent concern, you may be okay.

Did you actually report her missing? You said you "called missing persons" ... what did that entail? Who was it you called and what did you do?
I called them twice. I have the record of those calls on my phone. I only ever got an answering machine, but I left two detailed messages.
 

gnovos

Junior Member
When you talk to the attorney, think really hard about that "nothing" you did that actually made someone LEAVE THE STATE FOR 3 WEEKS.

I am sure you will come up with something. after all, she has.
Well, I won't lie in court. I don't think she really lied intentionally either. People think of something long enough and eventually they believe it. She's had an obsession with "stalkers" since the first day I met her. I've heard stories of pretty much every ex-boyfriend having stalked her at one time or another. She didn't leave the state 'cause of me, I think. I think she had already had a vacation planned and just extended it.
 

CdwJava

Senior Member
I called them twice. I have the record of those calls on my phone. I only ever got an answering machine, but I left two detailed messages.
So who did you call? Clearly it was not the police. In CA the police are REQUIRED by law to take a missing person report, and unless you call a non-emergency office line, you are not going to get an answering machine you will get a dispatcher or assigned call taker.
 

CdwJava

Senior Member
Well, I won't lie in court. I don't think she really lied intentionally either. People think of something long enough and eventually they believe it. She's had an obsession with "stalkers" since the first day I met her. I've heard stories of pretty much every ex-boyfriend having stalked her at one time or another. She didn't leave the state 'cause of me, I think. I think she had already had a vacation planned and just extended it.
I suppose you will find out at court.

You should be able to obtain a copy of her affidavit where she alleges what you did to justify the TRO. Get a copy of that, read it, and be prepared to offer explanation or argument for her claims in that affidavit. You may fin that she DID leave for 3 weeks because of you ... that would be bad.
 

gnovos

Junior Member
So who did you call? Clearly it was not the police. In CA the police are REQUIRED by law to take a missing person report, and unless you call a non-emergency office line, you are not going to get an answering machine you will get a dispatcher or assigned call taker.
I called the missing persons line on the sf police website:

Missing Persons Unit
3401 17th St
San Francisco, CA 94110
8:00 am till 5:00pm monday through friday.
415-558-5508

I just noticed their hours at this moment. I was trying to call them on the weekend! I didn't know that they had hours, I haven't called before, so I thought that leaving a message was just how it worked. To this day no one has called me back, though...
 
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gnovos

Junior Member
Uh huh. Now prove it. :rolleyes: I'm not buying it. Bet the judge doesn't, either.
Well, that's fair, it isn't the easiest story to tell, and occam's razor would say it's not true upon hearing it for the first time. Except it is true, and I'm not even sure what kind of proof would be convincing.

So, how about this: pretend for a moment that I'm your roommate and you had watched me the whole time through the process and know for a fact that it's true. So, what kinds of proof can you think of that I'm not thinking of right now that I may have but just not realize it. What kinds of things would convince a judge?
 

gnovos

Junior Member
I should add, I am MORE than happy to leave her in peace forever if that's what she wants. If not for the negative consequences of the restraining order, I wouldn't even fight it. The biggest problem that I'm not sure what to do is that she's still a member in the LLC, with a 50% stake... I'm required to send her tax documents at the end of the year, and other paperwork. I can't leave the company without transferring my shares to her, and that also requires the contact of sending her the company documents she needs.

I guess I'll just bring this up at the hearing and see if there can be a special exception for tax/business stuff... ugh, I really didn't need this. :*(
 

CdwJava

Senior Member
I was trying to call them on the weekend! I didn't know that they had hours, I haven't called before, so I thought that leaving a message was just how it worked. To this day no one has called me back, though...
You can report a missing person to ANY officer. The MPU primarily does follow-up on missing persons cases, they are not the primary report takers - especially after hours.

So, the short answer is you did NOT make a report of her missing.

At this point you need to bring everything up at the hearing so the judge can address it.
 

gnovos

Junior Member
You can report a missing person to ANY officer. The MPU primarily does follow-up on missing persons cases, they are not the primary report takers - especially after hours.

So, the short answer is you did NOT make a report of her missing.

At this point you need to bring everything up at the hearing so the judge can address it.
Well, I THOUGHT I was reporting her missing, though. I left detailed messages about it. Do you think they keep the tapes somewhere?
 

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