My question involves criminal law for the state of: New Mexico
I had a police officer come to my business today and serve me a summon to show to court regarding a restraining order being put against me using false information, dates and times. All that was provided in the information regarding the incidents are false, and they actually never occurred, but before we jump the gun let me get into details that led to this situation in the first place.
We own a local gas station that normally gets some odd people. I had a customer come into the gas station yelling and screaming her butt off at me, calling me racial names and slurs. I respectfully asked her to leave and she wouldn't. My cousin who was standing right next to asked her to leave at a louder tone, she wouldn't leave. We then called the cops on her, and she waited outside for the cops. Cops noticed she was carrying a weapon on her, and she was given an order to never come back to the business.
After the cops show up, she claims that we actually physically escorted her out of the business when in all actuality, she walked out on her own free will. I know the law, and I am too scared to grab people and push them around, I like to stay away from trouble as I have a clean slate.
This incident happened back in December. Now today I get a restraining order that mentions that I have been stalking this lady day in and day out. She even says that I have been to her house! Well on 100% of the days I know where I was, either with my fiance or with my cousin playing pool. Now I don't have receipts, but I plan on getting written statements from everyone who saw me on these days, I will also be bringing my fiance with me along with my cousin and friends that saw me with them. Now she is also claiming that she and her daughter feels threatened (how sick can you be to use your own child for this kind of work?).
Will this help me in this situation, because I know this lady is in for some cash dealing, and she is really trying to hurt me. If I beat this restraining order summon, can I turn around and file one against her. Also civilly, what can I do to prosecute her, and if possible criminally? Your support is appreciated!