Legal Question in Family Law in California

I was served with a restraining order. The initial TRO was denied stating it did not show reasonable proof of acts of abuse. Her allegations are as follows, "All of a sudden, three weeks ago, he became a very angry and vindictive person. He has threatened to send letters to my work and my licensing board with false allegations, trying to get me fired. He had me falsely arrested in Las Vegas 3 weeks ago. He has been acting very erratic lately and I am afraid of what he is capable of and what he will do next."

She was arrested for domestic battery for scratching my face during an argument. I have never harmed her in anyway. She is 28 weeks pregnant with our child and VERY hormonal. How do I respond? Is she able to bring up more evidence in court to embellish/build off what she has already stated? Can I ask the judge to send us to counseling since we are going to be parents? What should I do?


Asked on 9/22/13, 3:36 am

1 Answer from Attorneys
B. Stuart Walker Law Office of B. Stuart Walker

First, follow whatever the judge ordered in the Temporary restraining order. e.g. no contact, stay 100 yards away etc. A violation of the temporary restraining order can cause the judge to make the restraining order permanent - even if the facts causing the issuance of the temporary restraining order are not true.

Your Response to the restraining order should address the issue of whether or not domestic violence or harassment occurred. You or your attorney should go through each of her accusations and address every one of them in your written RESPONSE to the Request for Restraining Orders. If you have witnesses who can back up your story, then bring them to court. The court may not need to hear them, as this sounds like it will come down to her word against yours.

The court can only suggest that you voluntarily settle your differences and it may not do even that if it believes that contact between the two of you does more harm than good.

If you are not given an opportunity to sign a Voluntary Declaration of Paternity by the mother when the child is born, then you or your lawyer should file a Paternity Petition with the court. A Request for Order - Visitation and Custody can then be set and the court will require both you and the mother to go to mediation prior to the hearing.

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Answered on 9/23/13, 11:55 am


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