Can I be forced to take a paternity test in California?

Question

The scenario. In October of 1993 I was dating Ms. TH, we'll dub her as "MsTH". In Dec 1993 MsTH disappeared without notice to become engaged to her ex-boyfriend. In May of 1993 MsTH was married [Santa Clara County] and in late Sept 1993 gave birth to a son [Santa Clara County]. In 2005 [approximate] MsTH divorced from her husband after bearing two [2] children during the term of her marriage. MsTH has, since this year, attempted to contact me six [6] different times [San Mateo County] without notice at work and in the middle of the night at my home. I have been informed through gossip channels that, although MsTH originally told her ex-husband he was the father, MsTH now claims her first child born, in 1994, was fathered by me.

To be honest it is a little spooky how MsTH even knows where I live, so this becomes a two part question.

1. Can I be forced to take a paternity test based on here-say from 14 years ago and

2. How can I secure a restraining order against her?

Answer 1

Can you be forced to take a DNA test?  Yes, if the courts order it.

Restraining order? If an emergency, contact the commissioner at the courthouse for an emergency restraining order (or sometimes local police). You will need to file with the courts for an injunction barring her from contacting you except through the courts. Restraining orders do no protect you from legal action through the courts.

Answer 2

If she goes to court, and gets a court ordered dna test...then by law...yes you will be forced to take the test...if you are proven to be the father...she can get court ordered uspport payments.  Go to the police to get a restraining order against her.

Answer 3

Yes you can be court ordered to get a paternity test, however her ex-husband is the presumed father if the child was born during their marriage.

I do not think you have the basis for a restraining order, and even if it is granted, you will look bad later if the child is proven to be yours. She is trying to contact you, not try to kill you.  It is not a crime to try and contact you, especially if she believes you are the father of her child. And 6 times this year is not excessive, in my opinion. Getting a restraining order against her will not prevent her from filing for child support or asking for a paternity test, if that is what you are trying to prevent.