Legal Question in Family Law in California

Expunging false domestic violence allegation on an Emergency Protective Order

I am in a same-sex marriage in CA. I called 911 during a situation where my partner was trying to choke me and cause other serious harm to me, but I did not want to have to defend myself with force and I did not want to allow her to kill me either. I was taken to the hospital for my throat damage and then to jail because she told the police I was a martial arts instructor and a gun owner. I am actually physically disabled with late stage lyme disease and she is much taller and stronger than me. I believe the police coerced her into filing an Emergency Protective Order because of the way it is written and the false information on it. My partner was totally drunk at the time this EPO was written. I have documentation of my extensive bruises that my mother took photos of because the police refused to take photos of any body parts actually showing bruising or red marks. The domestic violence charges against me were dropped, but i hear that the record of the Emergency Protective Order will remain on my record for 7 years even though the allegations are untrue and the person who filed it was actually the abuser and also drunk at the time of filing. She admits confusion and not realizing her lies would be taken so seriously.


Asked on 4/20/09, 9:35 am

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Expunging false domestic violence allegation on an Emergency Protective Order

Yes, a record will exist, but the record will show that the matter was "dimissed." That's all you can do. You "expunge" a conviction, but you weren't convicted.

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Answered on 4/20/09, 1:53 pm


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