Legal Question in Criminal Law in California

which motion and where

a restraining order was grandted against me almost a year ago. I did not even know this person and it was clear to anyone that she was lying. For some reason, the judge wouldn't allow me a defense and granted it. I sued for defamation as I found out that the requester of the order was spreading harmful lies. In retaliation she said I violated the order by talking to a firend of hers and telling her that the false accuser needs to stop this as it is not right etc. In time, because of the criminal matter I was able to get an investigator who has gotten overwhelming evidence that this was all a fraud and all lies have been disproved. My problem: I can't seem to figure out what motion to file and where. I filed an appeal and the files are in that court and I am at a loss as to what motion would be neccessary to have the superior court judge who granted it -- take a look. Winning an appeal seems much harder than just showing all the fraud and I want to void this order before I face a criminal trial.


Asked on 3/06/09, 11:25 am

4 Answers from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: which motion and where

You need to file a motion to terminate the restraining order. This motion is typically prepared with a memorandum of points and authorities meaning that it points out the applicable law and shows why under that law as applied to the facts of this case it should be granted. This should also be your first step BEFORE you sue for defamation. What is the status of your defamation suit?

If you are serious about hiring an attorney to terminate the order, contact us.

Best of Luck!

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Answered on 3/06/09, 11:39 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: which motion and where

You must have the restraining order lifted retroactively. You may also need to have sentencing delayed on the criminal matter pending the hearing on the motion to terminate the restraining order. This is not an easy task and you will need an experienced attorney. Contact me directly. 20 years in practice.

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Answered on 3/06/09, 1:11 pm
Terry A. Nelson Nelson & Lawless

Re: which motion and where

Without any sarcasm intended, since you can't figure out what or how to do it, and no tidbits or hints from here are going to greatly improve your ability to effectively prepare and argue difficult to win motions, pleadings and hearings, you really should hire counsel to do whatever is necessary. Feel free to contact me if serious about doing so.

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Answered on 3/06/09, 4:23 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: which motion and where

Yes, winning appeals and filing appropriate motions in court appears quite difficult. That is why people called lawyers go to law school for many years to master this skill. Many of them do not succeed even if they graduate.

Do not drive yourself crazy and do not incur a very significant risk that you will be denied or completely ignored by the system. Get a lawyer to do it right.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/06/09, 7:45 pm


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