Fraudulent Restraining Order - Actions?

[WorPhenom]

What is the name of your state? CA

I'm not sure if this is the correct forum, but here goes....

This is for my stepson, who is 23 years old, and I'm wondering how and if I can help or pass some advice to him. His ex-girlfriend is a little crazy, and he's just now seeing how crazy she is since he just broke up with her. After breaking up with her, she went by his apt when he wasn't there, and ransacked his room. Obviously can't prove it, but moving on. He later went to her house to collect some of his belongings, and they got into an argument. The cops were called, but obviously nothing had happened to cause the police to arrest either him or her, but she was in such a rage that he was afraid. He filed for, and was granted a restraining order. While he was waiting for the Sherriff to serve her, she filed for one also. Not sure who was actually served first though, but before he was actually served his, his employer advised him not to go into work, but would not tell him why. Once he was served, he realized that must've been the reason, but his employer still will not give him a reason, nor a date that he can return - he is left in limbo. Meanwhile, the next day his ex comes by the apartment complex and picks up both of their vehicles (against his father's advice, they had jointly purchased two vehicles together - she is the registered owner of one, but they are joint account holders with the finance company. I know, pretty dumb, but he didn't want to listen to his father back then). So, the ex came and picked up BOTH cars. He has since shown the police the necessary documentation to prove he is co-owner, and along with the police went by her place to pick up "his" car - the one of the two that he had driven the most. She told the police she did not have it and it was not there. Now a little incrimination on her part: once he and the police left, they went together to the police station, and she called the police saying that he had come back and broke the restraining order and that she wanted him arrested. Obviously lying to get him arrested, and the officer coldly told her that was not possible as my stepson was still with him

Long story....and will probably get uglier....but my question is, can he get her restraining order dismissed based on fraudulent information, using this last situation to prove she is lying? He is likely not able to go to work because of her falsified restraining order, when it should really be the other way around. Secondly, is there something he can do about the cars because he obviously will be held financially liable for both if she defaults, but he cannot get possession to even one because of what she has done in hiding "his".

Any advice/help is appreciated.

 

[outonbail]

If she claims that she does not have the car and stated to the police that she did not know where it was, it has obviously been stolen, file a report!

 

[gawm]

He can get a restraining order dismissed. There should be a hearing to determine the validity of the order.

 

[CdwJava]

If she claims that she does not have the car and stated to the police that she did not know where it was, it has obviously been stolen, file a report!

No, not obviously. And by law the police aren't going to be able to enter the vehicle into NCIC as "stolen" unless SHE (as the past person in possession of the vehicle) reports it stolen. Lying about knowing where it is is NOT criminal. If she is the registered owner, she also has rights to the vehicle. if he wants the car he will have to go to court and get a court order to produce the car or pay him for it. The police are NOT going to want to be in the middle of their squabbling.

As we say, "10-8 - civil matter."

- Carl

 

[CdwJava]

He filed for, and was granted a restraining order.

When is the court date? The order he received was a temporary order, and both sides will have a court date in which they can present their reasons for the order to the judge. The judge will either make the order "permanent" (for three years) or will modify the order or drop it completely. The same holds true for the order he received against him.

Meanwhile, the next day his ex comes by the apartment complex and picks up both of their vehicles (against his father's advice, they had jointly purchased two vehicles together - she is the registered owner of one, but they are joint account holders with the finance company.

As the registered and/or legal owner, she has a legal right to the vehicles.

She told the police she did not have it and it was not there.

Apparently she lied. He will need to go to court to compel her to turn over the car or compensate him. The judge at the TRO hearing(s) might be willing to order her to turn over the car to him as well.

can he get her restraining order dismissed based on fraudulent information, using this last situation to prove she is lying?

He can bring it up in court. But it might help if he can subpoena the officer (witness) to come in, and/or get a copy of the police report or a written statement by the officer regarding the incident.

He is likely not able to go to work because of her falsified restraining order, when it should really be the other way around.

I take it they work together?

How the employer handles it is between him and the employer. His employer could have also told HER to stay away ... they chose not to for whatever reason.

Secondly, is there something he can do about the cars because he obviously will be held financially liable for both if she defaults, but he cannot get possession to even one because of what she has done in hiding "his".

He can go before a judge in civil court (small claims or superior depending on the value of the property in question).


- Carl

 

[Kane]

When he goes to court, he can introduce whatever evidence he wants. As a practical matter, judges generally grant restraining orders, because 1.) if she doesn't want him around her, he has no reason to be around her, and 2.) no judge wants his name in the paper as the judge who refused to grant an order, right before someone got killed.