My question involves restraining orders in the State of: California
Thank you in advance for your time and advise.
i dated a girl for about 8 years, we have a child together (7yrs old) we lived together, last april there was an incident where she began getting aggressive towards me, verbally, and physically with me and destroying my belongings, i never did call the police until she came home one night, and was upset that i had accidentally dropped and broken an expensive tool for her hairdressing job. I sat on the bed as she was yelling and screaming which woke my child up, and she eventually took a swing at me with a closed fist on the back of my head (unfortunately my child saw the whole thing). I immediately called the police, to which she called her mother and had my child picked up.
Once the police showed up i let them in (we remained in separate rooms from the time she hit me and the time the police showed up) Police asked questions i told them my story, she then came out and said i had first laid hands on her and showed them scratches she had placed on her self. They proceed to immediately take pictures of her neck and place me under arrest, i was charged and booked, made bail for 5k.
for the next couple of days after the event she would threaten me that i was not allowed to go near the apartment or she would call the police. After some time passed, she was not able to afford the apartment on her on so she moved out, and i was informed that she had also dropped the charges against me.
over time i was able to save enough money and i am now wanting to file for a custody change to obtain legal custody of my child. the mother and i have not had any contact other than email or text since the incident.Her name is still on the lease as she refuses to remove it, and pretty much uses it to her advantage to manipulate me in ways where she might say that if i don't cooperate with her by giving her additional money aside from child support she already gets that she will enter the apartment and break my things when I'm not there. she still continues to verbally abuse me, calling me condescending names and just in general insulting.
My question is, although i was charged and these charges were dropped, Can i file for a restraining order agains her?and can these dropped charges work negatively against me. i have gathered emails and taken pictures of messages as well as evidence where she has cut up my clothes. or will this not work because of the original charge that was placed?
i will add that i do not have a criminal record, i have no other arrest prior to this incident. my record is clean, Her record is clean as well. i do believe she needs help, she was abused as a child, and I'm generally afraid for my life and my child's well being.
This whole incident has completely eaten away at my confidence and Im honestly scared that this will backfire on me for the simple fact that i was a victim but was charged for something i did not commit. and I'm afraid the judge won't approve it, and she will turn around and file a restraining order agains me or that she might do something worse like show up to my place and cause a similar scenario again.
Thank you in advance for your time and advise.
i dated a girl for about 8 years, we have a child together (7yrs old) we lived together, last april there was an incident where she began getting aggressive towards me, verbally, and physically with me and destroying my belongings, i never did call the police until she came home one night, and was upset that i had accidentally dropped and broken an expensive tool for her hairdressing job. I sat on the bed as she was yelling and screaming which woke my child up, and she eventually took a swing at me with a closed fist on the back of my head (unfortunately my child saw the whole thing). I immediately called the police, to which she called her mother and had my child picked up.
Once the police showed up i let them in (we remained in separate rooms from the time she hit me and the time the police showed up) Police asked questions i told them my story, she then came out and said i had first laid hands on her and showed them scratches she had placed on her self. They proceed to immediately take pictures of her neck and place me under arrest, i was charged and booked, made bail for 5k.
for the next couple of days after the event she would threaten me that i was not allowed to go near the apartment or she would call the police. After some time passed, she was not able to afford the apartment on her on so she moved out, and i was informed that she had also dropped the charges against me.
over time i was able to save enough money and i am now wanting to file for a custody change to obtain legal custody of my child. the mother and i have not had any contact other than email or text since the incident.Her name is still on the lease as she refuses to remove it, and pretty much uses it to her advantage to manipulate me in ways where she might say that if i don't cooperate with her by giving her additional money aside from child support she already gets that she will enter the apartment and break my things when I'm not there. she still continues to verbally abuse me, calling me condescending names and just in general insulting.
My question is, although i was charged and these charges were dropped, Can i file for a restraining order agains her?and can these dropped charges work negatively against me. i have gathered emails and taken pictures of messages as well as evidence where she has cut up my clothes. or will this not work because of the original charge that was placed?
i will add that i do not have a criminal record, i have no other arrest prior to this incident. my record is clean, Her record is clean as well. i do believe she needs help, she was abused as a child, and I'm generally afraid for my life and my child's well being.
This whole incident has completely eaten away at my confidence and Im honestly scared that this will backfire on me for the simple fact that i was a victim but was charged for something i did not commit. and I'm afraid the judge won't approve it, and she will turn around and file a restraining order agains me or that she might do something worse like show up to my place and cause a similar scenario again.
Establishment: Filing a Restraining Order Against Ex Girlfriend
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