I unfortunately need to take an ex-partner (no marriage) to Court to:
1. Recover monies stolen from me by the ex-partner.
2. Prove she has stolen monies from others and I do not wish to be caught up in this action as I was not a party to the theft (fraud).
3. There are other issues as well.
On the other hand, I am being falsely accused by her for Domestic Violence, Stalking, Harrassment, Following her etc. She filed a very complex and voluminous Temporary Restraining Order (TRO) on me a year ago and the Court dismissed it after a lengthy hearing stating she was not credible. Two days after the dismissal, she went to the local police and filed a Stalking Report. Once the police found out that a Restraining Order request had been dismissed 2 days earlier (my ex deliberately did not inform them) and read the Court transcript of the hearing and investigated her Stalking Report claims the police elected to not pursue action. I have been advised they will not.
What I want to do is to obtain proof from my ex's and my mutual friends and many others to prove my case in any actions I MAY be forced to take against my ex (I am trying to get her to resolve most issues via mediation) and to defend myself should she take further unwarranted actions against me. She is continuing to threaten me with refiling a Restraining Order request with exactly the same issues that took place years ago which were dismissed year ago and numerous other nonsense threats.
Here is my question:
What is a document that is admissible in a California Court?
If I get a written statement from a person stating his knowledge on an issue, what form does it have to be on, who has to witness it, does the person who provided the facts have to attend Court (one person will be unable to do so), if the person is unwilling to sign a statement do I have to have that person subpoenoed to appear in Court (one person may not be willing).
In other words, if a person says XYZ happened on June 18, 2009, does an Affidavid need to be prepared, or is there some kind of "Witness Statement" that will suffice etc. I just want to get this process going now to avoid a last minute crisis.