Legal Question in Civil Litigation in California
appealing false claims for restraining order
My friend got in an argument with his old-roommate who was leasing a house and subleasing out the other rooms. A sub-lease was never provided(even though a deposit and first and last months rent was paid). The accuser(who is currently being garnished in wages by the IRS) has made many false accusations, lying about assaulting him, and even making up false stories to pad his restraining order. What can my friend do in court besides showing up that help appeal the restraining order?
1 Answer from Attorneys
Re: appealing false claims for restraining order
Have him bring witnesses who have seen them together and who will say that the bad guy was the aggressor and/or who can say conclusively that they were there and the incident never happened. If police reports were filed and police investigated, subpoena the police officer to testify ($150 for the appearance, however).