Legal Question in Criminal Law in California
If I file a Restraining Order on a person for harassment and threats of violence, can they or their spouse in turn file one against me simply out of retaliation and based on lies?
4 Answers from Attorneys
No, not usually. The police and a judge will understand that it is retaliatory (if they are competent in their jobs).
They can try. If the court believes them, it might rule in their favor. You need to defend yourself against it. Knowing that the other side is lying won't help you if the judge doesn't see it that way.
You should get a lawyer if at all possible, both to present your own claims and to rebut theirs.
Good luck.
Anybody can file a lawsuit, or for a restraining order, if they have valid grounds to do so, sufficient to convince the court to issue one. Just because you filed first doesn't mean they can't also.
Anyone can file anything. But judges are taught that it is difficult to enforce cross restraining orders. Therefore they are unlikely to grant restraining orders against both parties. If you already have your restraining order a judge is unlikely (but is is not impossible) to grant the other party a restraining order. If the second party files before the hearing on the first petition it is up to the judge, based on the evidence, to determine which if either party is to be granted a restraining order. You will be best off if you hire an experienced attorney who knows what type of evidence to present and who knows the best means to present the evidence
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