Legal Question in Family Law in California

Hello I was recently accused of physical emotinal and now sexual abuse against my girlfriends son of 3 years old by his father, all these accusations, as god as my witness are false, i was served with a restraining order which was denied by the court and now i have a court hearing on dec 3, what should i do? i hear a lot of innocent men go to jail on false accusations and im worried

Asked on 11/20/13, 7:33 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

0 users found helpful

0 attorneys agreed

It is understandable that you are upset, but you are mixing up two different areas of the law. A civil restraining order has nothing to do with the criminal justice system. The only time people go to jail in a case involving a civil restraining order is if they violate the order.

You have been served with an application for a restraining order. The denial portion you are looking at is most likely the denial of the temporary restraining order, which was not granted when the father applied to the court for one behind your back. That does not mean, however, that you can ignore it, and the judge may grant a restraining order at the upcoming hearing. Because of the approach of the holidays, I suggest you speak to an attorney, today, about opposing the request for the restraining order.

Answered on 11/20/13, 8:05 am

Mark as helpful