does a restraining order not apply in the courthouse?

[quincy]

Curious since he was sent home and so was the other party without arrest or citation. Unless the reports were written after the fact, forwarded to the DA, and the DA decided to charge him. If so, then it's possible that the other party will be charged with violating the TRO (PC 166(a)). However, it is highly unlikely that stary7777 will be charged with PC 240 (essentially an ATTEMPTED battery, and an offense that I have never seen charged as a sole offense in my 28 years), but instead PC 242 (battery). I suspect when he stated he never "hit" him, he meant that he didn't punch him. But, pushing, shoving, etc., are all part of the offense of PC 242.

A video of the incident was reviewed. It is possible that the former coworker filed a complaint.

 

[CdwJava]

A video of the incident was reviewed.

Doesn't answer the how of it. Unless the victim of the battery wished to pursue the matter, it wouldn't likely go. Now, if they chose to pursue fighting in public (PC 415) that would be a different matter.

I'm curious why it wasn't dealt with at the scene.

 

[quincy]

Here is a link to a PC 242:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=242.&lawCode=PEN
I know no more than what has been posted by stary7777. Because s/he says s/he was charged with assault, stary7777 will want assistance from an attorney in defending against the charge.

 

[stary7777]

Here is a link to a PC 242:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=242.&lawCode=PEN
I know no more than what has been posted by stary7777. Because s/he says s/he was charged with assault, stary7777 will want assistance from an attorney in defending against the charge.

Curious since he was sent home and so was the other party without arrest or citation. Unless the reports were written after the fact, forwarded to the DA, and the DA decided to charge him. If so, then it's possible that the other party will be charged with violating the TRO (PC 166(a)). However, it is highly unlikely that stary7777 will be charged with PC 240 (essentially an ATTEMPTED battery, and an offense that I have never seen charged as a sole offense in my 28 years), but instead PC 242 (battery). I suspect when he stated he never "hit" him, he meant that he didn't punch him. But, pushing, shoving, etc., are all part of the offense of PC 242.

Thank you for replying, The charge is PC 240 it also states people vs stary7777. When I opened the envelope and saw I was being charged I wasn't too concerned and thought they had made a mistake. I felt 100% what I did was right but after reading these post I'm a little more than concerned. The video shows me shows me swinging my elbow and missing his head. I was clearly the aggressor. It shows me being threatened before. there is no audio. video alone, I could see how people could get the wrong impression. I never intended to assault anyone. I have never been in a real fight in my life. I never wanted to fight this guy. I got a restraining order because he wants to fight, assaulted me twice, I have recordings of him saying that he's waiting for my family to leave so they don't have to see what he is going to do to me and how he will be waiting for me inside my house. he has slashed my tire left threats on my front door and in my vehicle I don't know what his intent was when he got so close. maybe to provoke me. Then it worked. He no dummy. He told the security guards that he was seeking a restraining order against me. So he would confuse them and try to manipulate the situation. He is good at this. He has been bullying me for the last year.. A 50 year old bully. I think they call people like this a narcissist. I'm to get through this with just a little dignity left and maybe no charges. I just want this guy out of my life. I'm not a fighter but shouldn't be expected to cower down. Is there any chance of a defence? Thanks

 

[Just Blue]

Thank you for replying, The charge is PC 240 it also states people vs stary7777. When I opened the envelope and saw I was being charged I wasn't too concerned and thought they had made a mistake. I felt 100% what I did was right but after reading these post I'm a little more than concerned. The video shows me shows me swinging my elbow and missing his head. I was clearly the aggressor. It shows me being threatened before. there is no audio. video alone, I could see how people could get the wrong impression. I never intended to assault anyone. I have never been in a real fight in my life. I never wanted to fight this guy. I got a restraining order because he wants to fight, assaulted me twice, I have recordings of him saying that he's waiting for my family to leave so they don't have to see what he is going to do to me and how he will be waiting for me inside my house. he has slashed my tire left threats on my front door and in my vehicle I don't know what his intent was when he got so close. maybe to provoke me. Then it worked. He no dummy. He told the security guards that he was seeking a restraining order against me. So he would confuse them and try to manipulate the situation. He is good at this. He has been bullying me for the last year.. A 50 year old bully. I think they call people like this a narcissist. I'm to get through this with just a little dignity left and maybe no charges. I just want this guy out of my life. I'm not a fighter but shouldn't be expected to cower down. Is there any chance of a defence? Thanks

Curious...Why/How did all this begin? Why does he ...dislike...you so?

 

[CdwJava]

It sounds as if he made an issue out of it. I have never seen PC 240 filed as a sole offense. But, since it seems he has managed to manipulate you into this position, you should speak to a defense attorney ASAP. You might be able to leverage his actions immediately prior to your assault as some manner of defense, or, pursue the related TRO violation in response. In any event, I'm sure you don't want to run the risk of jail time - or even a conviction with probation only.

 

[PayrollHRGuy]

Are you saying there is a defense to the assault charge?

What stary7777 should have done is head back inside the courtroom until the restrained person was gone.

No, not at all. I never made it to the bit about the assault.

 

[quincy]

Thank you for replying, The charge is PC 240 it also states people vs stary7777. When I opened the envelope and saw I was being charged I wasn't too concerned and thought they had made a mistake. I felt 100% what I did was right but after reading these post I'm a little more than concerned. The video shows me shows me swinging my elbow and missing his head. I was clearly the aggressor. It shows me being threatened before. there is no audio. video alone, I could see how people could get the wrong impression. I never intended to assault anyone. I have never been in a real fight in my life. I never wanted to fight this guy. I got a restraining order because he wants to fight, assaulted me twice, I have recordings of him saying that he's waiting for my family to leave so they don't have to see what he is going to do to me and how he will be waiting for me inside my house. he has slashed my tire left threats on my front door and in my vehicle I don't know what his intent was when he got so close. maybe to provoke me. Then it worked. He no dummy. He told the security guards that he was seeking a restraining order against me. So he would confuse them and try to manipulate the situation. He is good at this. He has been bullying me for the last year.. A 50 year old bully. I think they call people like this a narcissist. I'm to get through this with just a little dignity left and maybe no charges. I just want this guy out of my life. I'm not a fighter but shouldn't be expected to cower down. Is there any chance of a defence? Thanks

The video is pretty strong evidence against you, I'm afraid.

Even if the video had audio, I don't know that it would have helped you avoid the charge. You are not supposed to respond to words with physical violence. And you had a choice at the beginning to let him leave the courthouse completely instead of closely following him out. You put yourself in the restricted 100 foot range.

Your criminal defense attorney might be able to argue that you had just left an emotionally-charged court hearing where you obtained a restraining order against the fellow and work to get the assault charge reduced or dismissed. Whatever is argued in your defense against the charge, however, it is smart to have a criminal defense attorney argue it for you.

Good luck.

 

[Zigner]

stary7777, I know it's been said obliquely, but I want to make sure that you understand: YOU were the one who created the situation at the court house. YOU should not have been following 10 feet behind the guy. YOU should have waited a moment or two to give the other party a chance to depart.

 

[quincy]

... you had a choice at the beginning to let him leave the courthouse completely instead of closely following him out. You put yourself in the restricted 100 foot range. ...

Not all that oblique ... but it was worth emphasizing.