I appreciate all the advice including simplicitus. I understand being skeptical, I didn’t provide a lot of detail and backstory because I had just been woken up at 3am by a terrified friend.
So should she have been able to submit pictures and videos or messages? She said she just filled out a form .Then I assume talked to the judge or w/e. But she said she wasn’t allowed to submit anything.
If she took them, yes. Video I’m not sure how California’s wiretap law works. Here you can’t submit a video with audio if the other party didn’t consent to be recorded. And messages yes if they’re from the other party. But mostly she really just needs to tell her side of the story to get an ex parte.
How would you enter it into evidence in an ex parte? Sounds like she just showed up and filled out a form and made her case in the hearing. Should she have been able to like enter her phone into evidence?
Generally how I’ve seen it done is the judge will just look at your phone, yeah. If you do printouts that’s great.
That works here because our protective order appeals are heard de novo, meaning that the trial is done over again. So if someone appeals the decision from district court to circuit court, it doesn’t matter if there’s not a record of the evidence from the first hearing. That may be different in California, but there’s not really any right to appeal from the ex parte hearing anyway since the defendant gets his/her day in court a week later in the actual PO hearing so I’d be surprised if a judge wouldn’t accept just looking at the phone.
In any case, photos and text messages shouldn’t really be necessary for an ex parte protective order hearing. There is nobody present from the other side. If she presents her uncontradicted testimony that this person was threatening her and showed up at her house at 1 AM then she’s met her burden to get the order issued.
But they denied the temporary restraining order because they felt a lack of evidence supporting a threat to me etc which is baloney but the way they limit your answers on forms and can’t submit pictures or evidence at the time of application
But I’ll get with you on it because she needs to get served and the case itself is still definitely valid for harassment and threats.
I don’t think the stalker has ever openly threatened to hurt her. Maybe thats why it was denied? And that its another female. She did threatened to kill her date though.
I highly, highly doubt she lied to me but if it seems completely implausible she was denied if what she says is true I do need to consider that.
If you guys think I’m being harsh, you should see how I talk to clients in civil cases. I’m not one of those “everything will go fine” lawyers. I want to know where the bodies are buried so we don’t lose on an SJ motion 9 months into a case. I cross-examine clients early on. I guess I use more tact, but not a ton, and I’ve been paid like $4k for getting the type of order (for workplaces/employers) under discussion. The advice I’ve given here is both free and accurate.
I’m also pretty skeptical of the discrimination aspect. These judges have seen every shape and size of relationship and every manner of domestic abuse. If this is California doubly so. They’re curt sometimes, sure, but the process is pretty informal insofar as the types of evidence/testimony they’re willing to entertain. It’s likely that your friend was nervous and couldn’t express themselves appropriately.