Legal Question in Criminal Law in California

My nephew and his live in girlfriend (and mother to his young child) got in an argument and she called the cops. She made some false allegations and received a temporary restraining order. When the temporary expired after 5 days, she went and filed at the court for a restraining order. She was granted a temporary until their court date. She claimed she was scared for her life and for her children, so his own child is covered in the restraining order. They have court next week and he’s unsure if he should hire an attorney. CPS got involved and told him they found no evidence, so they wouldn’t be pursuing any action. She called him with a private number and told him she doesn’t want to pursue it and just wants them to work our custody on their own and let this all go. If he goes to court without an attorney, I’m scared for him, she is not mentally stable and highly manipulative. If she doesn’t show up or tells the judge she no longer wants the restraining order, will it be dropped? Or could the judge and/or DA push it forward without her?


Asked on 4/29/19, 9:33 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You answered your own question. You say she is manipulative, and could be lulling him into not opposing it. He obvlikelyiously does not know how to represent himself in court, so his only reasonable option is to hire an attorney that does, and soon, as pleadings must be prepared and filed.

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Answered on 5/03/19, 8:58 am


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