What can I do about false restraining orders? 2 Answers as of December 13, 2011
My ex met a girl and wanted me out of our house. The ex served me a False Temporary Order 12-2007. I never went and we were together until 2-2011. Once again the ex met a girl, served me a DV 130. This was false also. I have proof to show all is a big lie. the police said that this is part of a previous order. I never knew of a court date until I got the DV130. Added his new girlfriend to order. I never bothered her, but told her to butt out. So now 3 1/2 years later he serves me the papers. My ex's roommate put papers on my car as I was leaving. I never saw the court papers. My ex gave the papers to his neighbor, but I never got them. My ex beat me and broke his hand on my face. He never told of all the abuse to me. He made false police reports as well. No pro bono help or anything . He has taken my home, threatened my 15 year old son and the police don't help. No one does. He has lied and perjured himself. What can I do?Free Case Evaluation by a Local Lawyer!
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You can file a response and then go to the hearing with any witnesses you have to set the order aside.
Answer Applies to: California
Replied: 12/13/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
In a restraining order situation the person that is to be restrained is first served with a temporary restraining order. For this order to be enforced the person asking for the order has to show proof that the order was served. If the proof or service is missing the temporary order is not valid. With the temporary order the service will include a notice of a hearing for a permanent (three year) order. If there was no service on the TRO, then there was no notice of the hearing on the permanent order. If you were legally served then all of your statements as to what happened need to be heard at the hearing. You should have an attorney represent you at that hearing. At the hearing is the time each of the sides can put on evidence.
Answer Applies to: California
Replied: 12/12/2011




