Legal Question in Family Law in California

My wife filed a temporary restraining order in court in California against me. She said on the affidavit that on 12/18/09 she called the police on me because I tried to carry her to our bed 3 times and she also said in the sworn affidavit that i tripped her and she had a bruise on her right arm. The police report states that I tried to carry her to our bed 3 times and finally just left the house at the recommendation of the officer. California law states if there is a mention of physical violence the accused will go to jail. I was asked to leave the residence, which states in the police report. Can Anything be done since she obviously is committing perjury and ruining my chances of re entering the police academy. The temporary restraining order was granted by the judge and I havent seen my kids in 20 days. My wife and I are going thru a divorce and she is lying to gain custody of the children.


Asked on 1/25/10, 10:44 pm

2 Answers from Attorneys

James Bame San Diego Law Office

If a permanent restraiining order has not been granted, then at the hearing tell the judge that you will voluntairly comply and that this is a tactic of your wifes to gain advantage in the divorce and ruin your career. Contact me directly.

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Answered on 1/31/10, 8:00 am
Cristin Lowe Law Office of Cristin M. Lowe

What a terrible thing for you and your children to be going through now--my sincerest apologies. The good news for you is that there should be a hearing coming up within the next few days. Make sure that if you don't already have a copy of the police report that you get one.

Restraining orders can have devastating consequences to you and your family, and the answer is to fight as hard as you can with an attorney who believes in you. Not only is your current career threatened, but restraining orders will affect your future employment, the ability to see your children, and at times, your credit. You must act very quickly and diligently.

Also, please be advised that California takes false allegations of domestic violence very seriously. If you are successful in proving her lies, it's very possible that your wife will lose custody of the children.

I know that retaining an attorney may be financially difficult right now, but your children need their father right now, and if there's any way you can borrow money, please do so. I cannot over-emphasize the importance of obtaining competent counsel to guide you through this process. If your wife is willing to lie to obtain custody of the kids, I'm sure she has no problem doing so to obtain additional support or assets. Yes, it will be very expensive, but at the end of the day, you'll be doing this for your children. Good luck.

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Answered on 1/31/10, 9:45 am


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