Legal Question in Civil Litigation in California

Seeking Justice

On March 10, 2006 my boyfriend had to attend court on a restraining order. After the Judge ask the woman 2 or 3 times what was done in the way of threats that were made and why she still needed the order. Which she couldn't explain and what was told to the Judge was not viewed as threats or harassment. The Judge also felt as though the restraining order was out of order and never should have been taken out. On April we requested a copy of the transcript which will show this was a malicious act brought about when this person was caught crossing my property line. My question is once we recieve the transcript where do we go from there to seek justice for this injustice done to the court system as well as perrsonally?


Asked on 4/05/06, 3:50 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Seeking Justice

At least one court has decided that a denied petition for civil harassment restraining order cannot give rise to a claim for malicious prosecution. Even if the people lied in court, the untruths are privileged, and they can't be sued for defamation. If there's still time, your boyfriend might be able to get an award of attorney's fees for the defense. Good luck.

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Answered on 4/13/06, 12:41 am


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