• Man in Handcuffs Due to Restraining Order False Accusations

How to Protect Against Restraining Order False Accusations

Restraining orders are meant to protect people from dangerous people. Unfortunately, courts throughout California tend to favor and protect women’s claims of alleged harassment or domestic abuse over men. Some women manipulate the facts to get legal orders that best serve their needs. If someone has filed a domestic violence action and made false restraining order allegations against you, contact us to learn how to protest such claims. Read on to learn more about restraining order abuse and how to protect yourself against false restraining order allegations.

California Domestic Violence and Restraining Order Abuse

False restraining order accusations occur when the alleged victim presents evidence illustrating that the accused committed an unlawful act of aggression or harassment against him/her. Though the information may seem somewhat factual, under close examination, it is false. False restraining order allegations can impact child custody orders or lead to criminal arrest.

Oliver recently filed a petition to divorce Suzanne. Oliver filed a request for a temporary child custody order pending the final marital dissolution. Suzanne, upset that Oliver filed for divorce, falsely claims that Oliver has emotionally abused her and the children during the duration of the marriage. The judge believes Suzanne’s claims and orders Oliver to have supervised visitation with the children pending the final dissolution.

Under criminal circumstances, it is not uncommon for the alleged victim to simulate fake situations of domestic violence to get a restraining order.

Suzanne is on antidepressants as a result of emotional instability arising from her pending divorce. Suzanne plots to make false domestic violence accusations against Oliver her spouse in the attempt to prevent him from seeing their children. She self-inflicts lacerations on her body and claims that Oliver attacked her. She immediately seeks an ex-parte order prohibiting him from contacting the children or her. The order also results in Oliver being arrested for domestic battery.

In court, unless Oliver presents a successful defense, Suzanne’s claims may be deemed legitimate and result in his possible incarceration.

We Can Help You Defend Against Restraining Order False Accusations

If you have been served with a civil restraining order or a domestic violence restraining order, and need to file a response,  contact A People’s Choice for legal help. Do not let someone get a restraining order against you by making false accusations. People unethically use the legal system to their advantage in court proceedings. You should take immediate action if you have been served.

With regards to civil restraining orders or domestic restraining orders, A People’s Choice can help you file the necessary response to the accuser’s claims without spending thousands of dollars to hire an attorney. A People’s Choice can help you address each false allegations to make sure the court understands your side of the story before it renders a decision. Contact us today. We provide legal document help to all residents of California and serve all 58 counties.

Get help with your California legal documents today!

A People’s Choice can save you hundreds of dollars by preparing your legal documents instead of an expensive attorney!

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By |2018-01-18T15:47:39+00:00April 25th, 2015|Family Law|12 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

12 Comments

  1. Alfredo Gonzalez April 24, 2017 at 5:59 am - Reply

    My tenant has threatened me with a restraining order to have me move from the room I’ve been renting even though I pay rent and she hasn’t given me notice

    • Sandy McCarthy April 24, 2017 at 2:07 pm - Reply

      Just because someone asks for a restraining order does not mean it will be approved. First, make sure you are not acting in any manner that would support the issuance of a restraining order. If you receive notification by phone of a hearing, you should appear at the temporary hearing to voice your opposition. If the court denies the temporary request, they will set a final hearing and you can file formal responsive paperwork as well. Call us at 800-747-2780 for help.

  2. Kenneth Tang June 21, 2017 at 4:22 am - Reply

    Hi Sandy,

    Last April of 2016, my former employee filed an RO against me because I made a decision out of my emotions to send my co-worker a text saying that “she will get it” if she continues to talk trash about me at the company. At the time, I have already left the company and was moving onto a new position. The new position would require me to continue to colloborate with the old company. I had no intention of hurting anybody. I was an extremely devoted employee who was being looked down by the company and my department. I had no criminal background, graduated with a master’s degree, historically working in the community helping and lifting the lives of the underserved. However, because of that one text, the company without investigating immediately filed an RO against me. I have been depressed since last year, been homeless and unable to find work. Everyday seemed like the last day of my life. My life had been terrorized by this company and has not been the same since. They also defamed me by announcing to the company and the constituents I worked with. Although theRO had been lifted, I am still seeking justice became it is very wrong of them for doing such a sickening act and lied on the testimonials to make the judge believe that I have a negative personality and character. I believe there is justice and I just want a legal attorney to hear my story. I have attempted to seek out to many lawyers but they all turned me away.

    I really hope there is hope and that my case can be reviewed once more. I am unable to move on because this thorn has been with me since. The pain is worst than physical pain. Please let me know if you are interested in hearing my story.

    The name of the organization is the Alameda County Community Food Bank. I worked hard to make sure low income residents will not go back into the food line, but I found myself this past year waiting in the line at food pantries and depending on state welfare services in order to survive. I have been living with a mental illness on and off the streets. Everyday I have thought about ending my life because I am unable to find work and shelter, and the thought of having an organization that believes in social change betrayed me in the most evil fashion.

    • Sandy McCarthy June 21, 2017 at 3:22 pm - Reply

      I am so sorry you are going through this difficult time. If you need your case reviewed, you should talk to a lawyer. Unfortunately our role is simply preparing legal documents. We do not review cases nor offer legal advice. I hope you are able to find the assistance you need. Best of luck.

  3. Kay turner March 14, 2018 at 1:23 pm - Reply

    We are going today to defend my son. He received a restraining order that is completely false. It is horrible that someone would do this. If the TRO is thrown out, can we go after the person who filed it??

    • Sandy McCarthy March 15, 2018 at 3:28 am - Reply

      That is hard to say. I suppose you could always try to file a small claims and see what a judge says about damages. Talk to an attorney for a plan on this.

  4. Misty M Hansen April 13, 2018 at 11:07 pm - Reply

    My daughter’s ex filed a civil harassment order on my husband and myself. She has not served us however we are aware of the case because she also filed a domestic one on my daughter. Is responding necessary inorder to go to the hearing and plead our case?

    • Sandy McCarthy April 14, 2018 at 3:13 am - Reply

      A formal response is always the wise path.

  5. irma May 4, 2018 at 6:09 pm - Reply

    I appeared on may 1st the false accusations of domestic violence against me by my husband. I submitted DV-120 response to DV-100 accusations. But on hearing my husband’s lawyer asked for another date to have hearing bec. she said she did not get my response DV-120. But i know she got it by mail bec. it was priority express delivery just the following day after mailing. I believed opponent lawyer lied about it bec. she seems not ready with her paper works. How can I dismiss the case of domestic violence even before the hearing on June 12, 2018. Please let me know the steps to do. Thank You!!!!

    • Sandy McCarthy May 4, 2018 at 8:28 pm - Reply

      You should make sure you file a proper response. Call us if you need help – 800-747-2780.

  6. Heather Cartwright July 14, 2018 at 9:24 pm - Reply

    Our neighbor that we had a good relationship with filed a restaining order against my husband because they had a disagreement about her children screaming outside of our 1 year old and 2 year olds window when they knew they were sleeping. She got an emegerency restaining order and we have a court date for the 25th of July. The day the issues happened the cops were called but they never came to us she said in the papers that the cops told her to file a restaining order. I dont want my husbands name slandered because our neighbor is making up false harrassment stories. In the paper work there are things that never even happened. What can we do to get this dropped?

    • Sandy McCarthy July 15, 2018 at 12:57 pm - Reply

      You will want to have someone like our office help you prepare a proper response to the false accusations. Give us a call if you need help. 800-747-2780.

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