Legal Question in Family Law in California

restraining orders

if a petitioner makes allegations of serious abuse and even alleges rape by her spouse but has no proof witnesses and noone to back up the allegations but has a journal that says it happened can the courts take that as proof that the allegations are true, and then charge you criminally. even put you in jail. although every one that knows you and your spouse for many years say they were never aware or even heard of any abuse.


Asked on 9/22/04, 7:00 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: restraining orders

Cases of this type are difficult as they often are decided on the basis of which person that makes the best impression on the judge or jury. If there are any bruises or other marks that support the complainants statements it is probable she will be believed.

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Answered on 9/23/04, 2:27 am
Donald Holben Donald R. Holben & Associates, APC

Re: restraining orders

I can hardly believe you haven't retained an attorney to represent you in all of this. Whether such info can stick if handled properly, you need to properly defend yourself from such actions. This will follow you through your entire life.

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Answered on 9/24/04, 2:34 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: restraining orders

Stranger things have happened. If you are charged call me directly at (619) 222-3504.

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Answered on 9/23/04, 8:36 pm


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