Legal Question in Civil Litigation in California

my husband had an affair and allegedly got a woman pregnant. since that time I have been served with a restraining order falsley accusing me and which ended with a settlement aggrement which I have honored.. Now I have been served and falsely accused again of harrassing this woman. She is a known drug user and is doing this out of malice since my husband and I are trying to reconcile. What recourse do I have besides continually going to court to defend myself for things I have not done. And what action if any should I take regarding my husbands alleged child.


Asked on 5/24/10, 9:59 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Check the hospital birth records if you can to see who she listed as the father. He shoud insist on a DNA test of all three as such tests are about 99% accurate; he should pay from his private funds for the cost for all three.

To get a restraining order she had to provide some proof of improper behavior by you; investigate what evidence she presented, try to get evidence on her drug use, illegal behavior or acts which make her an unfit mother. Present her with such evidence and point out that perjury is a felony and you expect her to stop harassing you, and if she takes you to court you will present what permissible evidence yo have. Do not state that you will report her as an unfit mother or ask the police to arrest her for illegal activity, as it can be considered blackmail if you say you will take such actions unless she lets you alone.

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Answered on 5/25/10, 4:22 pm


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