Legal Question in Criminal Law in California

I have uncovered tons of evidence and witnesses that show that the civil restraining order granted against me was obtained by fraud and perjury. What can I do to get it thrown out. It has caused me great misery and a fraudulent criminal prosecution(in which I held out and wouldn't plea to informal diversion and then they kept adding more fake charges etc.) but in the end I was aquitted. Since this order is being used to harrass me and since I have repeatedly shown it was a fraud, you'd think I can get it overturned but the judge will not let me present him with the motion to set aside. What remedies do I have?


Asked on 7/25/10, 9:40 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you 'present' it in the form of a properly researched, prepared, filed, served and noticed motion, the court will set it for hearing and you can try to convince the court at the hearing with whatever credible and admissible evidence you may have. Nothing says you will succeed. The other side will present their opposition and arguments as well. The legal presumption is always in favor of issuing a RO to 'keep the peace'. You have a high hurdle to overcome. If you don't know how to do all this correctly and effectively, hire an attorney to do so.

Read more
Answered on 7/26/10, 3:51 pm


Related Questions & Answers

More Criminal Law questions and answers in California