Legal Question in Civil Litigation in California

Re: Fraud

Hello.

1. Assuming that you had an existing Matrimonial/Dissolution action pending AS WELL AS a new action filed against you outside the divorce case, the opportunity for having the Court issue an order for fees was ONLY AVAILABLE at the time of the resolution of the "restraining order" case. A missing fact is whether the restraining order case proceeded inside of or outside of the divorce case . If outside was it brought as a "harassment" case under CC 527.6?

2. You would have the opportunity to bring your own lawsuit against the ex/almost ex called Malicious Prosecution. You have 2 years from the time that you "prevailed" or won the "restraining order case if it was a separate case from the divorce case.

3. Malicious prosecution cases are "disfavored" actions, meaning the Courts, judges, other lawyers, etc., don't like them. They are very difficult to win and usually are very costly to everyone participating. Not recomended often!

4. If the restraining order case {domestic violence} was inside of the divorce case, you can have the Court potentially issue an award for fees at the end of the divorce case. Make sure that that single issue is "reserved" to the trime of trial.

Regards,

Mark Mitchell Geyer

Re: Fraud

Yes, the cause(s) of action you are referring to would be along the lines of malicious prosecution, abuse of process and/or initiation of wrongful civil proceedings. If you would like complete, affordable legal assistance in this matter, contact us today.