Legal Question in Family Law in California

What makes a declaration ''legal''

My ex has filed for divorce and included a restraining order to get me out of the house. The Declarations that were submitted with the restraining order were lies and did not contain any statement like ''under penalty of perjury'' etc. I had to leave immediately and did not have access to my house or personal belongings for two months.

The last time we went to court restraining order was denied, but I can't help worrying about the declarations since they were included with the Divorce papers. It is my understanding restraining orders are the latest tool to avoid spousal support, etc. So...long story short what makes a declaration ''legal''. If someone isn't held accountable for what they say what would prevent them from lying?

Thank you

--name removed--


Asked on 3/12/06, 6:15 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: What makes a declaration ''legal''

The restraining order will not be issued unless it is supported by a declaration. A declaration is a statement which the declaring party states is true under penalty of perjury persuant to the law of California. You will have the opportunity to contest the statements in court at a trial on the restraining order. Although perjury is seldom prosecuted in these cases, courts do not like people that are not honest in their declarations.

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Answered on 3/15/06, 12:19 am


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