Legal Question in Family Law in California

revenge restraining order

My fiance just discovered his ex-girlfriend from nearly three years ago requested a restraining order against him 9-2001. He was not served and never received the paperwork from anyone after she went to court and got the order. I am going to get a copy of it this week from the court. She lied clear and simply about serving him and most likely about the circumstances of this order. Can she be sued for defamation of character and is there some civil penalty for perjuring herself in court? She obviously did as she would have signed that he was served when he was not and she never had the orders delivered to him.

Thank you.


Asked on 5/03/04, 6:14 pm

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

Re: revenge restraining order

A party to a suit, that is the person requesting the restraining order, cannot validly serve the papers. The signing a false declaration is perjury.

After careful investigation and gathering of evidence file a motion to set aside the domestic violence restraining order. You may be able to get the court order her to pay sanctions for abuse of the court process.

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Answered on 5/03/04, 11:59 pm


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