Legal Question in Family Law in California

I do not believe your lawyer gave you terrible advice. The facts, as you have described them, indicate a TRO was reasonable under the circumstances. The courts take threats to kill someone very serious, even when there is no intent to harm someone. Your actions merited a TRO. You gave the other side the tools they needed to go after you. Those kind of statements, even when made without the intent to follow through on them can cause terrible consequences. Hopefully you attended some type of anger management class and can show you successfully completed the class.

This will probably have to be done through a long cause hearing. Most courts will want to hear evidence regarding the allegations of violence in the relationship. If you have successfully completed a class you can show such and you can show there have never been any other allegations of DV against you. Further you can also show you did not act out on your threat. This will help the court understand your threat was an empty threat and that it was a statement made out of desperation. Next, you can introduce evidence through your husband's convictions that he has a history of battery and violence in his back ground and therefore he is the real threat. You can also show his allegations are his attempt to destroy your credibility with the court and that he is the real danger.

This is complicated and you will most likely need an attorney to prevail. If you would like to contact our office you can do so through our web site at: www.brianmcginitylaw.com .

Good luck