My question involves restraining orders in the State of: California
I was arrested after someone filed a false police report. I went to jail and when I returned home, I had video surveillance of the person that filed the false police report performing the damage herself - that she claimed I did. I filed a supplemental police report with the evidence. Unfortunately, the DAO did not receive the supplemental report until after they filed against me. After 3 weeks of court dates, the DA finally read the supplemental report and 6 weeks later they reviewed the video evidence. In the supplemental police report the officer recommended that my case be dismissed and go after the her for filing a false police report. We had beyond factual evidence that I did not commit the crime so the case has been sealed. Unfortunately, 0% of DAO's file against false police reports and so currently it is not looking like they will file against her.
There has been no contact made on my side from the person who had falsely accused me. She is aware that the case has been dismissed because it is no longer online, but is not aware of why (i.e. video evidence). I have received several harrassing emails from her. In addition, she had a snapshot of my mugshot (that is now sealed by the DOJ, police, etc...) and she is emailing it to people telling more lies about me.
My questions are:
1. Will this qualify me for a restraining order?
2. Being that this person is clearly unstable, is a restraining order even going to work?
3. Will I have to unseal my case to get my order?
4. Are there any other legal ways that I can protect myself and perhaps get my bail money and attorney fees back?
I was arrested after someone filed a false police report. I went to jail and when I returned home, I had video surveillance of the person that filed the false police report performing the damage herself - that she claimed I did. I filed a supplemental police report with the evidence. Unfortunately, the DAO did not receive the supplemental report until after they filed against me. After 3 weeks of court dates, the DA finally read the supplemental report and 6 weeks later they reviewed the video evidence. In the supplemental police report the officer recommended that my case be dismissed and go after the her for filing a false police report. We had beyond factual evidence that I did not commit the crime so the case has been sealed. Unfortunately, 0% of DAO's file against false police reports and so currently it is not looking like they will file against her.
There has been no contact made on my side from the person who had falsely accused me. She is aware that the case has been dismissed because it is no longer online, but is not aware of why (i.e. video evidence). I have received several harrassing emails from her. In addition, she had a snapshot of my mugshot (that is now sealed by the DOJ, police, etc...) and she is emailing it to people telling more lies about me.
My questions are:
1. Will this qualify me for a restraining order?
2. Being that this person is clearly unstable, is a restraining order even going to work?
3. Will I have to unseal my case to get my order?
4. Are there any other legal ways that I can protect myself and perhaps get my bail money and attorney fees back?
Criminal to Civil Protection Order - False Police Reports and Harrasment
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