Stalking charges?

[Jst42]

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

Hi everybody, a restraining order was recently filed against me and my court date is next month. I am concerned that I could be charged with stalking even though I am going to agree to all of the parameters of the restraining order. How does this work exactly? Is it up to the victim to press those kinds of charges against me or does the judge decide whether or not I am charged? Any help is much appreciated thanks so much.

 

[Zigner]

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

Hi everybody, a restraining order was recently filed against me and my court date is next month. I am concerned that I could be charged with stalking even though I am going to agree to all of the parameters of the restraining order. How does this work exactly? Is it up to the victim to press those kinds of charges against me or does the judge decide whether or not I am charged? Any help is much appreciated thanks so much.

You may wish to speak to an attorney.

 

[TheGeekess]

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

Hi everybody, a restraining order was recently filed against me and my court date is next month. I am concerned that I could be charged with stalking even though I am going to agree to all of the parameters of the restraining order. How does this work exactly? Is it up to the victim to press those kinds of charges against me or does the judge decide whether or not I am charged? Any help is much appreciated thanks so much.

How about just saying away from the person who filed for the restraining order? Then, you won't have to worry about being charged with stalking (a decision by the DA's office).

 

[Jst42]

How about just saying away from the person who filed for the restraining order? Then, you won't have to worry about being charged with stalking (a decision by the DA's office).

Your response is much appreciated, thank you. So basically you're saying it is completely up to the court to charge me and has nothing to do with the victims decision of whether or not they wish to press charges? Thanks.

 

[Just Blue]

Your response is much appreciated, thank you. So basically you're saying it is completely up to the court to charge me and has nothing to do with the victims decision of whether or not they wish to press charges? Thanks.

Yes. The STATE has the authority to file. Not the citizen.

 

[CdwJava]

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

Hi everybody, a restraining order was recently filed against me and my court date is next month. I am concerned that I could be charged with stalking even though I am going to agree to all of the parameters of the restraining order. How does this work exactly? Is it up to the victim to press those kinds of charges against me or does the judge decide whether or not I am charged? Any help is much appreciated thanks so much.

A restraining order is a civil matter not a criminal one. If you are headed to court for a TRO or CHO then that is all you have to worry about at this point. If the judge grants the TRO/CHO then anyone who observed you violating could report you and you could be arrested for violating the terms of the order whether she wants you arrested or not. In fact, if this is a DV TRO issue, then the arrest becomes mandatory if there is probable cause to believe you committed the crime and you are caught at or about the time of the offense.

If you engaged in activity that may result in charges of stalking, that is an issue for the police to investigate and file with the DA's office. If the victim never contacted the police, it is unlikely that the court or social services would push the issue for the victim to call the police, but, it's possible.

If stalking charges are a possibility, you should really consider engaging an attorney prior to your TRO/CHO hearing in order to make sure you do not say or do anything that could get you in more trouble. And, when the order is granted, DO NOT DISOBEY IT! In the meantime, do not have any contact with the other party, do not go near them or anyplace they might be, and go out of your way to avoid even the appearance of contact or attempted contact with them.

 

[Jst42]

A restraining order is a civil matter not a criminal one. If you are headed to court for a TRO or CHO then that is all you have to worry about at this point. If the judge grants the TRO/CHO then anyone who observed you violating could report you and you could be arrested for violating the terms of the order whether she wants you arrested or not. In fact, if this is a DV TRO issue, then the arrest becomes mandatory if there is probable cause to believe you committed the crime and you are caught at or about the time of the offense.

If you engaged in activity that may result in charges of stalking, that is an issue for the police to investigate and file with the DA's office. If the victim never contacted the police, it is unlikely that the court or social services would push the issue for the victim to call the police, but, it's possible.

If stalking charges are a possibility, you should really consider engaging an attorney prior to your TRO/CHO hearing in order to make sure you do not say or do anything that could get you in more trouble. And, when the order is granted, DO NOT DISOBEY IT! In the meantime, do not have any contact with the other party, do not go near them or anyplace they might be, and go out of your way to avoid even the appearance of contact or attempted contact with them.

Thanks so much for the info. This is a CHO, the plaintiff requested for a TRO but was denied. We are both 22 years old. The police were called years ago because I did not stop texting her after she told me to leave her alone, no threats were made and none of my messages were sexually graphic. At the time I was experiencing a drug induced psychosis and was ranting to her all sorts of crazy ****. A few months ago I was looking for a job and got an interview at a place that was right next to where she worked. I asked her if it was ok if I took that job and received no response. Next thing I know I'm served a cease and desist. Even though her request for the restraining order to take effect immediately was denied I decided to leave the job.

 

[CdwJava]

Thanks so much for the info. This is a CHO, the plaintiff requested for a TRO but was denied. We are both 22 years old.

Were the two of you ever intimate or in a dating relationship? If so, this SHOULD be a DV TRO. If just friends or even casual roommates, or acquaintances, than a CHO would be the appropriate order.

The police were called years ago because I did not stop texting her after she told me to leave her alone, no threats were made and none of my messages were sexually graphic.

Well, that was dumb. When people say to stop contacting them, it is a good idea to stop.

At the time I was experiencing a drug induced psychosis and was ranting to her all sorts of crazy ****.

Hopefully you've gone to rehab and are in recovery now.

A few months ago I was looking for a job and got an interview at a place that was right next to where she worked. I asked her if it was ok if I took that job and received no response. Next thing I know I'm served a cease and desist. Even though her request for the restraining order to take effect immediately was denied I decided to leave the job.

I assume it is clear now that you need to just avoid her.

I suspect the temporary ex parte order was not granted because there had been a significant amount of time that had passed without contact and there was no threat made in your text. You shouldn't fear any stalking case if that's all.

 

[Jst42]

We were just friends prior to me ranting all of the nonsense to her. Unfortunately even after she called the police I continued messaging her, I knew that I had made her feel unsafe and I was desperately trying to explain why I was no threat at all. I wanted her to meet me halfway with some kind of mutual understanding but it was the wrong course of action. I did continue to send her messages after I got the job there which was why she filed for the restraining order. Of course I know this was all a mistake. Thanks so much for your replies regarding this I can't afford an attorney so I have to go into court and deal with it myself.

 

[Just Blue]

We were just friends prior to me ranting all of the nonsense to her. Unfortunately even after she called the police I continued messaging her, I knew that I had made her feel unsafe and I was desperately trying to explain why I was no threat at all. I wanted her to meet me halfway with some kind of mutual understanding but it was the wrong course of action. I did continue to send her messages after I got the job there which was why she filed for the restraining order. Of course I know this was all a mistake. Thanks so much for your replies regarding this I can't afford an attorney so I have to go into court and deal with it myself.

Get an Attorney.

 

[Jst42]

Get an Attorney.

Not going deep into debt over this... are you saying that because you think I'll get charged or what?

 

[Just Blue]

Not going deep into debt over this... are you saying that because you think I'll get charged or what?

I'm "saying this" because you are a creep that needs an attorney to CHA.

 

[Jst42]

I'm "saying this" because you are a creep that needs an attorney to CHA.

Immaturity, not taking the bait.

 

[Zigner]

Immaturity, not taking the bait.

Nah - you've got other prey...

 

[Jst42]

Nah - you've got other prey...

Compassion for others is all I've got to give, and its all anyone has to give in this world. The only way to put an end to wrongdoing is to have empathy for those who commit such acts. I have learned from my mistakes and will move forward in a positive and healthy manner regardless of the outcome of this case.