Legal Question in Criminal Law in California

Being wrongfully accused

About 5 months ago I met an 84 yr old man who was seaking someone to keep him company and be a caregiver. Myself and another moved in at his request and agreed to provide food and cook it for him in turn for rent. His daughter has since thrown a tizzy and as it turns out she is his financial conservator and without his consent has had us removed from our home and unable to get to our property. She is claiming false allegations of stealing his belongings to sell and placing restraining orders without any proof and completely disregarding his request that we stay. I need to stop the civil harassment, gain access to my property and expensive vehicles without going to jail.


Asked on 2/26/09, 3:02 am

1 Answer from Attorneys
Matthew Koken Law Office of Matthew S. Koken

Re: Being wrongfully accused

Sounds like she has a Temporary Restraining Order (TRO) against you. Have you been given a court date so you can rebut the charges? If so, I recommend retaining an attorney to represent you at that hearing so you can hopefully convince the judge to set aside the TRO and not put a full restraining order in effect. Once that happens you can hopefully regain your personal belongings.

In the alternative, if the restraining order goes into full effect, you can ask the court to allow you to regain your personal belongings with the assistance of the Sheriff's Department.

If you would like to discuss the case further feel free to contact me. Best of luck!

Read more
Answered on 2/26/09, 12:59 pm


Related Questions & Answers

More Criminal Law questions and answers in California