Legal Question in Criminal Law in California
My husband has been falsely accused of a crime by his Ex wife and i want to know if I can get a stay away order of protection for my family from her and her new spouse. how would i start the process?
2 Answers from Attorneys
As a Former Deputy District Attorney, I would be more concerned about the criminal charge. Because a conviction can mean jail time, and many other serious consequences, I would get him a good lawyer, to fight the criminal case. One can always attempt to get a Restraining Order, but I would wait until I sought advise from the criminal attorney......David Wallin
You're not going to get that in the criminal case. In the criminal case, your husband is the accused and the judge is going to be more concerned about restraining your husband from contacting any witnesses or the alleged victim.
You would have to get a restraining order through the civil system. It is not clear, however, whether or not you have sufficient grounds to get one, and I suggest you consult with an attorney.
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