A Stockton judge has dismissed Councilmember Michele Padilla’s request for a restraining order against an 80-year-old man after she failed to appear in court.

After taking the unusual step of seeking a restraining order against a council critic, Padilla didn’t show up to a court hearing in her own case, appearing to let the matter drop. 

Padilla first filed the request for a restraining order against Ernest Williams on Feb. 14. Williams, a longtime council critic, has been a fixture at council meetings. Padilla alleged that he harassed her in a series of incidents that included pushing her in the chest outside a council meeting. 

Court documents from the civil case don’t show a response from Williams. Stocktonia’s attempts to reach him Wednesday were unsuccessful. 

Padilla did not respond to a request for comment. 

Civil court records filed by Padilla allege that her first interaction with Williams was Jan. 28 when she noticed him standing in front of her seat on the dais before the council meeting was supposed to start. She said he threw something made of paper in her direction.

“At first, I did not know what he threw at me because it happened so fast and the mayor removed him. It was a square paper item. She then instructed me to not touch it and put it on the dais for removal,” Padilla stated in court documents. 

Padilla’s filing said she and Williams smiled at each other in the main foyer on Feb. 4 as she was on her way to the bathroom. When she walked back, Padilla claimed that Williams pushed her in the chest. 

“I do not know how, but Mr. Williams was right in front of me, and all I felt was his hand pushed against my chest,” Padilla stated in court documents. “I was in such shock. All I said was, ‘Don’t touch me. You cannot hit me.’ It was hard enough to make me wobble backwards.” 

Padilla said she met with two officers after the meeting and gave a statement for an investigation. She said she knew Williams frequented council meetings, but did not know his name until that day. 

“At this time, I have no idea why he continues to verbally attack or approach me,” Padilla stated in court documents. 

Stockton police told Stocktonia that the incident was investigated as a misdemeanor battery and referred to the District Attorney’s Office. Erin Haight, a spokesperson for the DA, declined to comment to Stocktonia on she described as a “civil case.” 

The Record reported that the DA’s office has declined to pursue criminal charges against Williams, due to “multiple interpretations of the evidence.”

The court granted Padilla a temporary restraining order until March 13, which was the date of her original hearing in her civil case for the order. However, on March 11, Padilla filed a request to reschedule the hearing to April 10. 

“I am unaware if the San Joaquin County Sheriff’s Office was able to serve the restrained party,” Padilla stated in court documents. 

The April 10 hearing date came and went, apparently without Padilla present. 

As an order from presiding Judge Gurjit Srai noted: “No appearance by the moving party. No proof of service filed.”

The claim was dismissed and the temporary restraining order was blocked.