Can You Get a DV Protection Order Against Somebody You Never Dated

**Andreadm** · 06-03-2012, 08:07 AM

My question involves restraining orders in the State of: california

Me and a friend got into an arguement over the phone. And this guy went as far as filing a criminal threats report against me lying. Everything was cleared up with the detective. Now he filed a DV restraining order with all these false allegations. On the request for the restraining order he checked we were dating then on his declaration he stated we never dated (which is true ). Can the case be dismissed based on improper filing?

**aardvarc** · 06-03-2012, 09:02 AM

Not likely, but certainly can denied by the judge when you make clear that there was never a dating relationship, and thus a dv restraining order isn't appropriate (and then stand back, cause the judge is likely to do some spitting while yelling at him).

**aaron** · 06-03-2012, 09:26 AM

The prerequisites for a DV order are that the petitioner and the person the petitioner wants to restrain must be:

married or registered domestic partners,
divorced or separated,
dating or used to date,
living together or used to live together,
parents together of a child, OR
closely related (parent, child, brother, sister, grandmother, grandfather, in-law).

**Andreadm** · 06-03-2012, 11:05 AM

Quoting aardvarc

Not likely, but certainly can denied by the judge when you make clear that there was never a dating relationship, and thus a dv restraining order isn't appropriate (and then stand back, cause the judge is likely to do some spitting while yelling at him).

Will it be mandatory to go through the court hearing or can it be denied at the beginning ?

**cdwjava** · 06-03-2012, 11:59 AM

Quoting Andreadm

Will it be mandatory to go through the court hearing or can it be denied at the beginning ?

Has a judge issued a temporary order, yet? Since you have a copy of the affidavit, it sounds like it has been issued as you would get a copy when served.

A judge can certainly deny the order at the hearing. However, the plaintiff can go back and file for a civil harassment order rather than a DVRO if that's what has been done.

How do you know this is a DVRO? What s the form number on the document that you were served with?

**Andreadm** · 06-03-2012, 02:01 PM

Quoting Andreadm

Will it be mandatory to go through the court hearing or can it be denied at the beginning ?

Quoting cdwjava

Has a judge issued a temporary order, yet? Since you have a copy of the affidavit, it sounds like it has been issued as you would get a copy when served.

A judge can certainly deny the order at the hearing. However, the plaintiff can go back and file for a civil harassment order rather than a DVRO if that's what has been done.

How do you know this is a DVRO? What s the form number on the document that you were served with?

The judge has granted both of us a temporary restraining order, but the difference is is that mines is a CH restraining order. The number on the one he filed against me is DV -110 and etc. I have yet to be served and the court date is next week. I found out about it because he has threatened to get one on me and I asked the clerk when I went to file mines.

**cdwjava** · 06-03-2012, 02:27 PM

If you have not yet been served it might be hard for him to pursue an action against you. However, if you ignore it you might only delay the inevitable.

If he cannot show that there has been a dating relationship, it is likely that his will be dismissed against you. But, you will have to show that he is a threat to you in some way. If the two of you are merely grousing at each other over the phone, the judge may not be a happy camper having to waste time dealing with people who cannot get along. Best bet might be to agree not to communicate with each other ever again.

Having a restraining order against you can have some detrimental side effects by preventing some employment and resulting in unfortunate law enforcement contacts.

**Andreadm** · 06-03-2012, 03:23 PM

Quoting cdwjava

If you have not yet been served it might be hard for him to pursue an action against you. However, if you ignore it you might only delay the inevitable.

If he cannot show that there has been a dating relationship, it is likely that his will be dismissed against you. But, you will have to show that he is a threat to you in some way. If the two of you are merely grousing at each other over the phone, the judge may not be a happy camper having to waste time dealing with people who cannot get along. Best bet might be to agree not to communicate with each other ever again.

Having a restraining order against you can have some detrimental side effects by preventing some employment and resulting in unfortunate law enforcement contacts.

I really don't need a restraining order because I'm applying to grad school and the fact that I did nothing. It was all a misunderstanding. I have no problem with ne'er speaking with him but I'm guessing he's upset to lie so much to get back at me. I hope th judge sees through it. I'm wondering if I should bring a copy of the police report which is also false allegations but contradicts his declaration.

I Just want him to stop harassing me and the people I work with with his shenagains and to move on with my life. The reason for me filing one against him. I am no longer welcome we're I volunteer until he stops brining this issue to others.