I Being Summoned to Court for Something I Didn't Do

[digzober]

My question involves criminal law for the state of: New Mexico

Hello guys,

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!

[Baz744]

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.

All the evidence you can muster for your defense will help you. Unfortunately, you have something of a "he said/she said" situation. Your friends and relatives might have some credibility as alibi witnesses. But their credibility will be diminished because of their relationship with you.

The judge might choose not even to consider written statements. Those are legally hearsay, and not normally admissible in court. You are much better off having any witnesses come to court to actually testify on your behalf.

Frankly, you should hire a lawyer to maximize the chance you'll beat this. Restraining orders do cause damage to people. It's not fair, but it's reality.

If I beat this restraining order summon, can I turn around and file one against her.

You might not even have to beat her. It's possible the conduct you described about her shouting racial slurs, etc. in your store is a sufficient basis for a restraining order in New Mexico. It won't hurt to petition for one. But the end result could be mutual restraining orders.

Also civilly, what can I do to prosecute her, and if possible criminally?

Realistically, probably not much. What she alleged in her court petition is "privileged," meaning it's a very high bar to be able to sue her for it. In a he said/she said situation, you're just not very likely to win that kind of a suit. Criminal prosecution is equally unlikely.

The best thing you can do is hire a lawyer to help you beat it. If you can beat it, the reputational damage you'll suffer will be minimized. Then bar her from your store for life, and let it go.