• 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.

Contesting a protection 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.

S

sheldontanner

Junior Member
How do I get the court to not grant my previous employer a protection order against me? My previous employer claims I made a threat but I did not. Even if the statements attributed to me are true (they are not) the statements don't rise to the level of a criminal threat. I don't want a protection order being approved against me.

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


H

Hot Topic

Senior Member
It's up to the court to decide whether or not the statements are true based on the evidence and whether or not they constitute a criminal threat.

What you want is beside the point if the evidence favors your ex-employer.
 
cbg

cbg

I'm a Northern Girl
Whether or not your employer applies for a protection order is not within your control; nor is whether or not a judge grants one.

No one wants to have a protection order approved against them but there is nothing we can tell you that will prohibit the employer from asking for one or which will force a judge to deny the order.
 
S

sheldontanner

Junior Member
Defense against it

Don't I get to defend myself? How?
If the evidence favors that there was no threat shouldn't the request be denied?
 
eerelations

eerelations

Senior Member
Again, we can't tell you what the judge will decide in this case. The only way you can find out is to go to court and contest the order.
 
cbg

cbg

I'm a Northern Girl
Again, there is nothing whatsoever we can tell you that is going to guarantee that the judge will find in your favor. You can go to court when called; you can present your side of the story. You CANNOT use the law to force the judge to deny the order. You CANNOT use the law to prohibit your employer from requesting it.
 
B

Beth3

Senior Member
sheldontanner said:
How do I get the court to not grant my previous employer a protection order against me? My previous employer claims I made a threat but I did not. Even if the statements attributed to me are true (they are not) the statements don't rise to the level of a criminal threat. I don't want a protection order being approved against me.

What is the name of your state (only U.S. law)? California
Click to expand...
If your employer has only obtained a temporary protective order, then you will be notified of when the hearing is scheduled in front of the court commissioner or judge who will take testimony to determine whether a protective order will be granted. In the meantime, you abide by the terms of the TPO.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

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