Legal Question in Family Law in California
Restraining order
Can I keep a restraining order against a friend of my wifes even though the DA did not take the case due to lack of evidence. This female allegedly abused my three year old boy. I go to court with her next week and want to make it permanent. Can this be done?
Asked on 6/12/07, 6:04 pm
2 Answers from Attorneys
Lyle Johnson
Bedi and Johnson Attorneys at Law
Re: Restraining order
The standard of proof for the DA is much higher than it is for a request for a restraining order. The fact that the DA did not prosecute the matter is not relevant to your request for a restraining order.
Answered on 6/17/07, 8:41 pm
PATRICK MCCRARY
PATRICK MCCRARY
Re: Restraining order
Yes, you can continue with the restraining order. There is a different standard of proof in the civil court so you do not need as much evidence. Good Luck, Pat McCrary
Answered on 6/12/07, 6:51 pm
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