Legal Question in Criminal Law in California
Restraining Order Violation
I have a restraining order against my ex-wife (based on false claims). Now, she is saying that I called her from a private number, when I've had no contact with her.
Can she continue to make false claims and get me into trouble in terms of violating the RO? What can I do to protect myself?
2 Answers from Attorneys
Re: Restraining Order Violation
Do not do anything to violate the order in the first place of course. If you think she will claim you have called her, keep you phone records handy. If you get summoned to court, get an effective lawyer.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: Restraining Order Violation
You say you have a restraining order against your ex, but the rest of your question suggests that it is she who has one against you. My response presumes that that is what you meant to say.
Can your ex make additional false claims? Of course she can. Doing so would be illegal, but so was making the false claims you say she made previously. If she was willing to break the law before, she may be willing to do so again and again.
How can you protect yourself against the possibility that she might lie? That's difficult to say without knowing more about your circumstances. Your chances will be better if you have some idea what she might say than if you don't, but that's the best I can tell you without more information.
Your best bet might be to hire a lawyer if you don't have one already. My sense is that you have been representing yourself, which was not wise. A lawyer might well have found a way to defeat the application for a restraining order in the first place.
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