Legal Question in Family Law in California

4 years ago my brother who lives with our parents, sent the cops to my house saying that I was holding a shotgun to my heart trying to commit suicide in front of my 3 daughters, the cops showed up & saw that this was not true & left my house. The very same night I went to my parents house with my 3 girls to discuss the matter with my parents, my brother opened the front door, seen that it was me & said this is not going to happen, as I was trying to walk in the door he slammed my head in the door & grabbed me by the arm slamming me against the wall in front of my 3 girls. He could not keep me out of my parents house so he called 911 again trying to have me arrested for breaking & entering even though I was given a key to my parents house he was screaming at my parents that he has "renters rights". When the cops arrived they asked my parents if I was welcome & they said yes, my brother told them that I was a drug addict & a violent person and they need to send extra help to detain me,I showed the cops my arm that had his handprint embedded in it, they told him not to touch me again or he would be arrested & they left. Soon after that I was served with papers for a restraining order to keep me away from my brother & my parents, the papers were filled with lies saying that I was violent & I had tried to hit my mom the night the cops came out, it also said that I was a drug addict, an unfit mother & that I was crazy. All of these things are lies. I hired an attorney & filed my own restraining order, my brother did not answer to anything, in the end it was a mutual family stay away order. My parents were also placed on this order and backed my brother. All of them committed perjury and I have proof on paper & dozens of witnesses including family members that will testify on my behalf. Is it possible for me to sue them for perjury & defamation of character? Me & my 3 daughters are still suffering from the emotional & mental abuse that my brother has willfully caused!

Asked on 8/16/13, 3:24 pm

1 Answer from Attorneys

Robert Kubler The Kubler Law Firm

"Is it possible for me to sue them for perjury & defamation of character?" For what's in the petition for a restraining order. NO.

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Answered on 8/24/13, 10:40 pm

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