What can I do if I am the victim of a Falsified Retraining Order? 3 Answers as of June 20, 2011

I wish to inquire about the liability of my wife's attorney regarding a restraining order that was granted based on false information. I cannot seem to find any help on this and it's destroying my life in many ways. In court I stated it was falsified and it was issued anyway because documents that were left out of the service were than discovered and given to me. I have spent the last years reading up in spare time and understand now that this was very detrimental to the rest of my life, in many, many ways. I was considering filing a complaint now, because I believe this was tactical and a serious violation of ethics. To add to the complications, the attorney was debarred, now I find myself in a state of stress, damaged reputation and with this order in place (which as you may understand is a detriment).

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Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
You should consult an attorney and have them file a motion of reconsideration. Also, it would helpful to know why the attorney was disbarred.
Answer Applies to: California
Replied: 6/20/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
When you are initially served with the temporary Restraining Order and Notice of Hearing date, you can oppose it in court by timely and properly filing your Opposition pleadings proving your alleged facts and arguments, and going to the hearing. Before the hearing, you should have hired an attorney to do so. Since the hearing has already occurred and the permanent Restraining Order has been imposed, you are too late to complain. You had a short time period to appeal the order, within 60 days. That time long since passed. Your specific question of liability of my wife's attorney: there was and is none. Even if there had been, statutes of limitations and appeal time limits are long gone. Yes, it is detrimental to your life. That is the natural consequence of a restraining order, and the conduct that led to it, known by everyone. If as implied, this was a domestic violence based Restraining Order, you lost your firearms rights, and you will have problems with employment, as many employers treat such Restraining Order similarly to a felony conviction.
Answer Applies to: California
Replied: 6/20/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
If you believe that your lawyers representation was "negligent" and it led to your suffering damages you can always retain a lawyer to sue the lawyer. However, it appears he has had other problems if he was disbarred and any judgment you receive you will have to be able to collect which might be difficult.
Answer Applies to: California
Replied: 6/17/2011
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