Legal Question in Family Law in California

My husband had recently called the police on me and lied that i was hitting him to get me arrested because i was telling him i want a divorce and for him to move out. The cops didn't arrest anyone but they took my drivers license number down. I want to file for a restraining order because i don't feel safe around him but I'm scared that he will go back to the police and lie again to try to get me arrested if i get a restraining order on him. My question is if i get a restraining order on him and he goes back to the police and lies that i hit him could i be arrested.


Asked on 5/10/11, 1:41 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

It is possible but not probable. Based upon what you have said you may not be able to get a restraining order. A restraining order is granted if you are in fear of physical violence. I would suggest that you talk to a family law attorney so that you know your rights and what actions you may take to protect yourself. Good Luck, Pat McCrary

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Answered on 5/10/11, 5:58 am


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