Legal Question in Appeals and Writs in California

Restraining Order

If a restraining order is filed against you, and the supporting documents are found to be fraudulent is that grounds for any type of appeals process? My husbands ex, has claimed that because I have called CPS on her (for abusive behavior against her own child, and attacking my husband with her car keys at a visitation exchange) I have harrassed her and my stpdaughter. She claims my stepdaughter is scared of me. She submitted pictures and journal writing that I can tell are not my step-daughters. A document examiner examined them. The mother wrote them. The judge gave both of us restraining orders against each other, I think just because he was tired of hearing it. This damages me because I am law-enforcement.


Asked on 12/10/08, 7:19 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Restraining Order

If it is not too late you may wish to appeal that decision. You must act quickly on this as you appeal time is limited. You are right this can affect your future for a long time. I do handle appeals and many attorneys refer their appeals to me. Feel free to call me for a phone consultation. Good Luck, Pat McCrary

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Answered on 12/11/08, 10:31 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Restraining Order

You may have a couple of options. One would be to sue her for filing a false report, intentional infliction of emotional distress, and other torts. Another would to bring the fraud to the attention of the issuing judge in a reconsideration motion, and last is an appeal. Contact me directly.

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Answered on 12/11/08, 6:57 pm


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