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Can a Restraining order be overturned? Please HELP

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KelleyB

Guest
I'm in CA, I was recently served a restraining order by an X "boyfriend" because of a letter I wrote to him, very non- threatening, no intent of violence whatsoever, he just didn't like the content. He lied to the judge and said I had been harrassing him for the past 6 months. NOT TRUE!I simply sent him an email wishing him a happy birthday, he replyed with a "thank you". Not "leave me alone, don't write me again etc.. The judge didn't see his reply letter, she only saw my letters. Thats all. The other acusations are based on hearsay. I now have proof that he lied on the stand regarding a letter he had written me. Can the restraining order be overturned? Can I write to the judge with my findings, IS the letter from his X-best friend who actually wrote me the letter which he claims was written and sent w/o his permission enough to get this dropped?
I never had the chance to defend myself as the judge gave him the last word. I've been unjustly robbed of my freedom, restricted in my own state, if you will, and I want this overturned. Do I have to hire an attorney to get this overturned? Is that even possible, I know judges don't like being wrong. Please help.
Kelley
 


calatty

Senior Member
After a person obtains a temporary restraining order, there is a hearing on a permanent restraining. At that time, you have the opportunity to present your evidence. If that time has passed, it is too late. Unless the order is overbroad, the only freedom it should restrict you from is the freedom to be near him. Leave it be and move on.

[Edited by calatty on 06-28-2001 at 05:27 PM]
 
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KelleyB

Guest
Can a Restraining order be overturned...?

Why should I leave it alone?
He was totally wrong in this case. I want my name cleared.
I do not want something like this on my record. He lied to the judge, and I have proof. I was in court and the judge gave him the "last word" where he sat there and accused me of all sorts of things which are totally and completely false. I could not defend myself as she would not let me defend myself. Do I have to hire an attorney to do it or can I write the judge myself with my proof?
Can someone please advise who has experiance with this?
 
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Third Party

Guest
You seem to have an obsession with this guy. Apparently he doesn’t have an obsession with you. It seems that it would be in the best interests of you both if this were to stay. If you wish to have some crisis hotlines to help you deal with your pain, I can supply a few.

When the judge gave him the last word, that did not mean the judge took into consideration ONLY that, nor did it mean that his decision was influence by that. You had an opportunity to present your side of the story and it was justly considered.

And if we were to allow every criminal to continually get a retrial because of a white lie told on the stand that may have merely been a mistake, then our systems would be even more crowded than they already are.

Simply put, it seems that you never showed up to court prepared with the letter in the first place. You were not prepared with the proof, thus it was your fault. And even if it were not, again, it is time to move on.

A$$ Saver aka…
Disclaimer:
I hope this is tidbit of fiction is helpful. I am not an attorney. Do not perceive this as legal advice. You should consult an attorney to answer your questions. Do not rely on this advice. Forget you ever read it. You are not a client. I am not an attorney. This is merely babble in the wind. Never use the advice as reasoning in court.
 
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KelleyB

Guest
You are too quick to judge, I am not obsessed with this guy in the least, just want the truth to be known. And for your information whoever you are, I did not have the information until after the court hearing. This guy made all kinds of false accuasations against me and all I could do was deny them, it was his word against mine. Seems in Santa Monica where this took place, they'd give a retraining order to a monkey if he asked for it.

I was NOT allowed to defend myself he DID have the "final word" I was there you were not. So whoever you are do not respond to this again, I do not want your biased opinion.
You know nothing about me or what happened. I'll consult with a real attorney thank you very much.

What kind of sick forum is this anyway?????
 
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Third Party

Guest
Truth hurts. See what you are doing now? Just because I never agreed with you, you became very offensive. Sound familiar-- with a particular judge? This forum is the kind that tells you how it is just as the judge did in your case. If there it that much friction between you two, then a restraining order should be in place.

You had a chance to explain your side of the story. Our legal system doesn't include name-calling etc when considering matters. Just because you were deprived the last word doesn't mean you were deprived justice.

A$$ Saver aka…
Disclaimer:
I hope this is tidbit of fiction is helpful. I am not an attorney. Do not perceive this as legal advice. You should consult an attorney to answer your questions. Do not rely on this advice. Forget you ever read it. You are not a client. I am not an attorney. This is merely babble in the wind. Never use the advice as reasoning in court.
 
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KelleyB

Guest
You have no idea what your talking about. This site should be reported.
 
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rmharvey

Guest
reported

Wow, reported to whom? Anyway I think in a way third party has a point. The purpose of a restraining order is to protect people from harm. I do not believe it requires "preponderance of the evidence" you are not being convicted of a crime, it does not give you a criminal record, it just says that you are to steer clear of the person who is in fear of his/her safety. I would think the law would lean on the side of the applicant in a case like this because if they err it is better to err on the side of caution. What if you were a very intelligent psycopath who had the means to convince them he was wrong then went to his house and butchered him, I mean if you were a psycopath you might do it anyway, but at least this way they can say they tried.
 

LegalBeagle

Senior Member
KelleyB said:
I simply sent him an email wishing him a happy birthday, he replyed with a "thank you". Not "leave me alone, don't write me again etc..
Then why did you not present this in court to the judge? Why did you not state to the judge that there has been no harassing phone calls and so he has no hard evidence to show that. There are also no police reports of stalking or harassment and again, he has no proof. You should have easily been able to present a case showing that the only thing he had was an email, which you could have shown the judge and his reply.

From what you have said, the email is the only hard piece of evidence that was given. You had a chance to present your case and screwed up. Unless you have another hearing coming up for a PRO, then it's all over.

Good luck.
 
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KelleyB

Guest
appeal

Not once in any of this did anyone ever say you have 30 days to appeal. Shows how much you know about the law.
 

LegalBeagle

Senior Member
Re: appeal

KelleyB said:
Not once in any of this did anyone ever say you have 30 days to appeal. Shows how much you know about the law.
You never said anything about this happening recently. Beside, in order to appeal you need evidence that was not available at the original trail. Sounds to me like you screwed up your own case and presented nothing to detract the judge from his story. By all means appeal..
 

FaunaI

Junior Member
can it?

I guess I am in the same boat as this lady was in. For me, I see her issue was similar to mine. There were false allegations made against her that are now permanently on her record that aren't true. It had nothing to do actually with the person that got the restraining order as much as having it on your record.
 

CTU

Meddlesome Priestess
I guess I am in the same boat as this lady was in. For me, I see her issue was similar to mine. There were false allegations made against her that are now permanently on her record that aren't true. It had nothing to do actually with the person that got the restraining order as much as having it on your record.
Please start your own thread.

Thanks.
 
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