Restraining Order

[SimpleDoesIT]

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

As strange as it sounds this is the case in simple terms. My now ex-wife is in the navy, she was deployed from july 2014- october 2015, in october she brought me papers to sign for a divorce, i signed them she gave me a ride back to my place, ad have spoken to her sparingly since then (less than once a month) usually in reference to the divorce paper work, housing stipend from the navy being divided, and personal belonging. fast forward to may 2015 I wake up on sunday and am being served with papers for a temporary restraining order and there is a hearing on the 15th, as baffled as I am the basis of the application for the order is that back in march she allegedly had her tires slashed and also previously in the fall roughly october, I received a phone call in early april/late march from a detective simply saying she was doing her due diligence in that I am the soon to be ex-husband and just inquired where I was, I told her I have no involvement, nor do I have any clue on earth where my ex-wife lives, and never heard from the detective again. I have no criminal record, I actually applied for a part time position with local police department and passed a criminal background check with no problem. I have no problem not contacting my ex-wife but a restraining order would limit employment opportunities and also trump my 2nd amendment right to own a firearm. Thoughts? Found a great local lawyer but services are pretty pricey, my ex-wife is representing her self and I have no doubt she will show up in military uniform to make her influence.

 

[CdwJava]

fast forward to may 2015 I wake up on sunday and am being served with papers for a temporary restraining order and there is a hearing on the 15th,

If you did not receive a copy of the affidavit, head to the courthouse and see what you can get. You will be expected to respond to the complaint and will need that info to do so.

as baffled as I am the basis of the application for the order is that back in march she allegedly had her tires slashed and also previously in the fall roughly october, I received a phone call in early april/late march from a detective simply saying she was doing her due diligence in that I am the soon to be ex-husband and just inquired where I was, I told her I have no involvement, nor do I have any clue on earth where my ex-wife lives, and never heard from the detective again.

It would take more than the POSSIBILITY that you MIGHT have slashed her tires to convince a judge to sign an ex parte TRO. It may not take much, but she has to have claimed something that the judge believed demonstrated how you were a danger to her.

I have no criminal record, I actually applied for a part time position with local police department and passed a criminal background check with no problem. I have no problem not contacting my ex-wife but a restraining order would limit employment opportunities and also trump my 2nd amendment right to own a firearm. Thoughts? Found a great local lawyer but services are pretty pricey, my ex-wife is representing her self and I have no doubt she will show up in military uniform to make her influence.

If this is important to you, hire an attorney. If she is representing herself, if you have an attorney you can probably resolve this in short order ... provided that there is no proof that you have been stalking her, threatening her, causing harm, etc.

 

[SimpleDoesIT]

If you did not receive a copy of the affidavit, head to the courthouse and see what you can get. You will be expected to respond to the complaint and will need that info to do so.


It would take more than the POSSIBILITY that you MIGHT have slashed her tires to convince a judge to sign an ex parte TRO. It may not take much, but she has to have claimed something that the judge believed demonstrated how you were a danger to her.



If this is important to you, hire an attorney. If she is representing herself, if you have an attorney you can probably resolve this in short order ... provided that there is no proof that you have been stalking her, threatening her, causing harm, etc.

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0 proof of any stalking or threatening, or causing harm. Personally I believe there is something deeper to this, her current boyfriend whom is stated in the documents, I looked up his name and records, ironically he recently filed for divorce also, maybe this is a away for him to feel confident I will not have any communication with her? Not sure, I have no criminal record, and I also don't want to start one, or have any of my rights taken away.