my ex gf has a restraining order against me need advice

[swiftly]

I did not violate the restraining order but she does have have texts of me saying I would throw rocks through her window and have friends "get her". She printed out the texts and gave them to the police officer to whom she spoke with. I never meant any of these things it was just all out of anger at the moment. Do I need a lawyer and should I plead the 5th when asked. I'm in dire need of help and I have court at 1:30pm central time today.

 

[CdwJava]

Consult your attorney and say nothing to the police until you have spoken to him or her. If you are already headed to court, then it is clear that the state feels they have enough to pursue the criminal charges and make them stick at trial.

And, for Pete's sake, do NOT communicate with her again in any way!

 

[swiftly]

What can happen if the judge decides to purse criminal charges?

 

[swiftly]

These texts I sent her are prior to the restraining order began.

 

[CdwJava]

If you are going to court on the restraining order, then it is a non-criminal matter. However, the police can investigate and the DA might consider charges for misdemeanor harassing communications (PC 653m), but that is not very common in situations where the victim seeks a TRO.

If the police come calling, you should politely decline to talk with them and consult legal counsel immediately.

 

[swiftly]

When asked about the threats should I make no comment?

 

[Eekamouse]

Isn't that what you were just told?

 

[davew128]

Isn't that what you were just told?

The OP's name doesn't refer to his intellectual capacity: see prior post regarding sending threatening texts.

 

[single317dad]

OP, considering your post in your other thread, it seems like you don't really understand how a restraining order works and what it means. I suggest you educate yourself quickly.

 

[umkemesic]

When asked about the threats should I make no comment?

(1) Don't say anything. I assume you were given a temp. restraining order and are going to court for a permament restraining order. You will most likely get one as they are very liberal at handing these things out. Nothing that you can say will convince the judge otherwise.

(2) Even though the text were prior to the order you could still be concievably arrested by stupid cops (this happened to me). I filed a motion to dismiss for no probable cause and it was granted. I should have never been arrested in the first place, but understand that we live in a feminized sociey.

 

[Silverplum]

(1) Don't say anything. I assume you were given a temp. restraining order and are going to court for a permament restraining order. You will most likely get one as they are very liberal at handing these things out. Nothing that you can say will convince the judge otherwise.

(2) Even though the text were prior to the order you could still be concievably arrested by stupid cops (this happened to me). I filed a motion to dismiss for no probable cause and it was granted. I should have never been arrested in the first place, but understand that we live in a feminized sociey.

Aren't you cute.