What to do if a permanent restraining order for 1 year was ordered against me?

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What to do if a permanent restraining order for 1 year was ordered against me?

There is no tangible evidence of threat or actual imminent, serious, physical bodily injury. The only evidences they submitted to court are the the hearsay statements in the complaint and an audio recording of our argument which she said was recorded a year ago. It appears that the judge’s decision was based on the recording and the fact that she is seeking for restraining order. I feel those are not enough to grant a restraining order based on: Audio recording only shows that verbal arguments exists and cannot show physical abuse/injury, it shouldn’t be admissible and there is no threat of imminent and serious physical injury.

Asked on August 30, 2013 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What you do is you honor the restraining order. Clearly, there is some tension, bad blood, what have you between you and this person--you may feel it's unwarranted, but she clearly does not. If you go near her or interact with her, whether by violating this order or after getting it overturned, it is very likely she will bring additional claims or charges against you, such as for stalking, harassment, etc. If someone doesn't want you near her, you don't have a right to force your presence on her; if you try to do so, you will only provide her with evidence of stalking or harassment and exacerbate the situation.


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