Legal Question in Family Law in California

A person attempted to file a false restraining order against me, It was denied with prejudice. Months later they are attempting again, I found a summons in my boyfriends mailbox. Why is she able to file again? I am the transportation for pick up and drop off in a child custody for the father of their child she is trying to prevent the pick ups.


Asked on 9/21/14, 1:19 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

Anyone can file a petition for a restraining order. Winning it is another question. When you go to court remind the judge of the prior action.

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Answered on 9/21/14, 3:41 pm
Anthony Roach Law Office of Anthony A. Roach

I suggest you raise the issue by at least filing a notice of related cases. You will need to prepare at least two of them for filing, and file them with each case. You should also raise the issue in your opposition to the request for a restraining order.

The system is one of those systems that helps those who help themselves. The clerk does not check a complaint to see if it should or should not be filed. They pretty much accept everything that is in a reasonably readable format and for which the filing fee is paid. It is up to the litigants themselves, and their attorneys where represented, to raise the appropriate issues with the judge - such as the fact that there was a prior restraining order denied by the judge with prejudice.

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Answered on 9/21/14, 5:11 pm


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