Legal Question in Constitutional Law in California
Declaration Perjury
I had a temp restraining order issued on me. The person who requested the TRO wrote a declaration in which she stated that I called her, when in fact she called me. The judge refused to see our phone records and extended the TRO for 5 months. The requestor lost a civil suit to me and owes me approx $70k. What area of law do I seek to resolve this case of perjury? Obviously the TRO infringes upon Amendment 2.
3 Answers from Attorneys
Re: Declaration Perjury
If you properly offered evidence which would have supported your position and the court improperly refused to look at it, you can ask the Court of Appeal to intervene by petitioning it for a writ of mandate. I have substantial experience in this area and you should feel free to contact me directly about bringing a writ petition.
Re: Declaration Perjury
Court proceedings are privileged and a person cannot be sued for some falsity in a court proceeding. See Civil Code section 47.
Re: Declaration Perjury
You may request an evidentiary hearing in which she would have to prove her case. Call me directly at 1.619.222.3504.
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