Legal Question in Criminal Law in California

I just received transcripts from when my ex-wife filed a false restraining order against me. She owed me money and I had a signed agreement proving that but she committed perjury by saying I had been served a hearing notice that I was never served. Then in the hearing I was not at she completely made up 100 false charges of previous violence and restraining orders that I can prove are 100% false. There are serious criminal crimes of perjury and falsifying documents etc. I will be representing myself but what is the best way to get back some leverage now that I have the transcripts proving it was all lies that the Judge based everything on?


Asked on 2/26/14, 5:23 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

If you can prove it is all 'lies', then you have defenses to the charges, use them. You will first have to timely move to set aside the default before you get a chance to use them. You need to understand that nothing she said in court or her pleadings can be used against her by you, other than to rebut them with the 'truth'.

While this isn't technically a criminal case, its effects are similar to conviction of a felony if a domestic violence restraining order is imposed on you, including permanent loss of firearms rights.

In order to even get the default set aside, and in your pleadings, and at any hearing on this, you must raise all appropriate defenses with whatever witnesses, evidence and sympathies are available. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively in a system stacked against you, then hire an attorney who does, who will try to get a decent outcome for you.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 2/27/14, 11:00 am
Anthony Roach Law Office of Anthony A. Roach

It might be too late, and how are you going to prove they are lies? Do you plan to run into court and yell and expect the judge to believe you because you are louder and more insistent than she is?

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Answered on 2/27/14, 1:06 pm


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