Fighting a restraining order tomorrow..HELP!

[clucka]

What is the name of your state ? California.
In February of this year a friend I knew from high school in the 1980's invited me to live in her house for free rent as long as I paid utilities.
My room mate wanted to evict me when I informed her I was sick of her drinking and I informed her I was going to be moving. so she called the cops trying to throw me out and was informed she had to give me 30 days. So, she filed a restraining order the next day making bogus claims that never happened so she could get me to leave immediately. Among her claims was weird stuff such as crank calls from 25 years ago when we were in high school and a bogus bomb threat she claims I made 20 years ago to her college class. It's whacky and unfounded and nothing like that ever happened.. Utterly rediculous that the judge even granted a temporary order. I moved the same day she served me the papers and tomorrow I go to the court date. How likely is the judge going to grant the order for 3-5 years? What should I expect, and what should I do to prepare?

 

[Proserpina]

No it's not utterly ridiculous that the temp order was granted; it's the logical step.

Tomorrow is when you get to tell your side of the story.

Tell the truth, and you should be fine.

However if she has enough evidence, or is more credible than you, she may get what she requests.

 

[clucka]

Yeah, she put in the request that I said if she asked me to clean my toilet that I said I would destroy her and that I then admitted to stuff from all those years ago, which isn't true. None of it. I have no criminal past, and am not a violent person. Everything she said in the claim was made-up.

 

[CdwJava]

In February of this year a friend I knew from high school in the 1980's invited me to live in her house for free rent as long as I paid utilities.

Is this a verbal agreement or is their a written contract? I presume that it is an oral agreement and there is no real proof of the arrangement

So, she filed a restraining order the next day making bogus claims that never happened so she could get me to leave immediately. Among her claims was weird stuff such as crank calls from 25 years ago when we were in high school and a bogus bomb threat she claims I made 20 years ago to her college class. It's whacky and unfounded and nothing like that ever happened.. Utterly rediculous that the judge even granted a temporary order.

So, you are saying that in her affidavit in support of the TRO request she stated that decades ago you crank called her? I have to imagine that she mentioned some far more recent allegations as well. What were they?

I moved the same day she served me the papers and tomorrow I go to the court date. How likely is the judge going to grant the order for 3-5 years? What should I expect, and what should I do to prepare?

The typical TRO is good for 3 years. She will have to show good cause as to why it should be issued, and you will try to counter her arguments. If you are already out of the home and hav nop reason to return, unless she can show that the alleged harassment will continue, it is very likely that the judge will not grant the order. But, you should be prepared with as good an argument as you can make against her allegations. An attorney would have been ideal, but you may not have enough time to engage one.

 

[clucka]

Fighting a restraining order tomorrow..HELP

CdwJava CdwJava
Senior Member
Is this a verbal agreement or is their a written contract? I presume that it is an oral agreement and there is no real proof of the arrangement.

Clucka: It was verbal.

So, you are saying that in the affidavit in support of the TRO request she stated that decades ago you crank called her? I have to imagine that she mentioned some far more recent allegations as well. What were they?

Clucka: the most recent is that when she asked me to clean the toilet, that I said I would destroy her. That's in her affidavit. It's a lie.