Legal Question in Family Law in California
Leach X-Boyfriend gets Bogas Temporary restraining Order to avoid repaying $20K
I have supported my x-boyfriend for over 3 years, paying all the household expenses, rent, his gas, dry cleaning, meals, bail,vacations, . $20,000 total. I had written/verbal IOU's but many have disappeared at the hands of my X. He gets a job and agrees pay 1/4 of each check until paid. The day before he gets his first paycheck he fabricates a story (all lies) two days later I receive a temporary restraining order from Superier court and a court date less that 2 weeks away. In the order he asks for restitution: temporary housing costs, attorney fees, $400 for new suit. I told him before this happened that I would take him to court and garnished his wages. Reminding him that this could proof to be embarrassing and not a good impression on his new boss. Now he is taking me to -court on bogus charges. Can I file a counter suit and sue him for the what he me. He has demanded restitution. I have a witness, no record and some reciepts. He has prior DV conviction.
2 Answers from Attorneys
Re: Leach X-Boyfriend gets Bogas Temporary restraining Order to avoid repaying
he cant get restitution with a restraining order. you will have to file a seperate lawsuit to get your money.
Re: Leach X-Boyfriend gets Bogas Temporary restraining Order to avoid repaying
You can fight the restraining order--he has to prove his allegations to get a permanent order. He may be facing a malicious prosecution suit from you if the claim is "bogus."
Regarding the money he owes you, you have to sue him in a separate action for that, and with that judgment, you can then collect the money by wage garnishment, seizure of assets, etc.
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