Legal Question in Family Law in California

served with false restraining order possibly

I was served with a restraining order recently.The problem I'm having is i beleive the documents may be fraudulent.The order was a temporary,which told me when the hearing would be to decide if the order would be permanent.2 days prior to the court date my ex-g/f(she had the order put on me)invited me to her house.Like an idiot I went.While there she had told me that her friend had filled out the papers on-line and followed through with everything.She also said that she wasnt going to appear on the court date.On the court date I was running a bit late.So I called the court and was told the case was vacated because nobody showed up.Kewl!Just to make sure I called back at the end of the day and was told it was vacated.I then receive a permanent restraining order 1 1/2 weeks later.The date did not match the court date it was 5 days later.There are different signatures than the temporary order.The documents are supposedly certified but theyre signed in red ink and case#s dont match.There appears to be areas that were whited-out.I checked the courts on-line case minutes.It said the order along with any other documents would expire on the prior court date.Does any of this make sense?What can I do about this?Help please!


Asked on 5/25/05, 12:11 am

3 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: served with false restraining order possibly

I suggest that you go to the courthouse and pull both files under the case numbers you have. The court file will have the original documents.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 5/25/05, 6:34 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: served with false restraining order possibly

Show both orders to the court clerk. If as you state there is fraud, the court will take action against her and her friend.

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Answered on 5/25/05, 7:50 am
Damian Nolan Law Offices of Damian M. Nolan

Re: served with false restraining order possibly

Go to the court, pull both files and have the clerk copy the contents of each.

If a Restraining Order has been put into effect then you will need to file appropriate paperwork to try to have the Order set aside. I strongly advise you to hire an attorney to assist you.

Regards,

Damian Nolan

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Answered on 5/26/05, 11:54 am


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