California  |  Criminal Law

Legal Question

Asked on: 7/31/13, 10:10 am

My husband was kept awake by a neighbors dog. he went to the house to leave a note asking the neighbor to quiet the dog. He did not intend to engage with her or speak to her, just leave a note rather than involve police. She opened her door and saw him on his way home. She called police on him, they cited him for disturbing the peace. She then filed a restraining order against him filled with false accusations. She claimed he called her the n word and threatened violence and other accusations which he did not do. Should he hire an attorney or just show up in court and give his statement about the events? Can she be penalized for making these false statements if harm comes to us as a result (such as being evicted, etc.)? He has not had so much as parking ticket in his entire life and is deeply disturbed by the lies she told which make him seem like a violent racist, something that could not be further from his character. Thanks

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