If I am being accused of harassment, how do I prove I am innocent?

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If I am being accused of harassment, how do I prove I am innocent?

About 6 months ago, I filed a police report against my neighbor for stealing my jewelry. It came down to her word against mine; she is now accusing me of harassment but I am innocent. She mailed me a letter threatening to file criminal charges against me if I do not stop and get a restraining order as well but I haven’t done anything to her. How do I prove I am innocent if she chooses to do this to me?

Asked on February 15, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, if there is an action against you for a restraining order, you need to realize that the other side has the burden of proving entitlement to such an order. You have in hand the letter threatening you. Keep it for future need. If you are served with such a petition, I recommend that you then consult with a family law attorney (they have lots of experience with restraining orders) to review the petition and plan your line of defense to the claims against you.

I understand your concern, but until any petition is filed, you are simply causing yourself needless worry. You could consult with a family law attorney as a safeguard before any petition is filed if that will help matters for you.


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