False accusation, court, 4 years ago...Wher to start to fight for my innocence, now?

[Jon Doe 223]

I am in California,
False accusation of domestic violence,
not found guilty beyond reasonable doubt, however she was able to get a TRO, then eventually a 3 yr restraining order...
she had pictures of bruises on herself, no evidence that I made the bruises.
Her brother as a witness, not of me hurting her of any sort, so I really haven't an idea why he even took the stand.
I had nothing, no attorney, nothing...
I was never arrested and the police had never been called, once.
She got over, I believe by being a woman (no offense to any women), in this state.
I am going to go to the courthouse for a transcript of the session.
I will answer more questions, as they come up. Thank you

 

[quincy]

What is the name of your state (only U.S. law)?

Jon Doe 223, the "preview" feature on this forum does not always work for all people all the time. No idea why. If you would like to try again to post your question, and the name of your state, you can do so by "replying" to this post or by using the "edit" feature on your original post. Just don't preview your post before submitting and you should be okay.

 

[Jon Doe 223]

Aww man, I should have saved the draft. Looks like that's exactly what had happened. I will have to get back on this in the afternoon, after work. Thank you for letting me know...and I had a whole 5 paragraph detailed story written out, too... Hah!

 

[TheGeekess]

Aww man, I should have saved the draft. Looks like that's exactly what had happened. I will have to get back on this in the afternoon, after work. Thank you for letting me know...and I had a whole 5 paragraph detailed story written out, too... Hah!

Yeah. We don't need emotion and angst. Just the facts.

 

[Zigner]

I'm going to go out on a limb and say that, if you plead out to something 4 years ago, you're out of luck. If you were found guilty of something 4 years ago, you are also, quite likely, out of luck.

 

[TigerD]

I'm going to go out on a limb and say that, if you plead out to something 4 years ago, you're out of luck. If you were found guilty of something 4 years ago, you are also, quite likely, out of luck.

Not necessarily. The facts matter.

DC

 

[Zigner]

Not necessarily. The facts matter.

DC

Right - which is why I said I was going out on a limb

 

[quincy]

I am in California,
False accusation of domestic violence,
not found guilty beyond reasonable doubt, however she was able to get a TRO, then eventually a 3 yr restraining order...
she had pictures of bruises on herself, no evidence that I made the bruises.
Her brother as a witness, not of me hurting her of any sort, so I really haven't an idea why he even took the stand.
I had nothing, no attorney, nothing...
I was never arrested and the police had never been called, once.
She got over, I believe by being a woman (no offense to any women), in this state.
I am going to go to the courthouse for a transcript of the session.
I will answer more questions, as they come up. Thank you

If I am understanding your post correctly, Jon Doe, there was a 3 year restraining order issued against you, based on an accusation of domestic violence that was supported by photos of the woman with bruises on her body.

That was 4 years ago, so you are no longer restrained from any contact. Correct?

Is your concern now in repairing your reputation?

 

[Jon Doe 223]

If I am understanding your post correctly, Jon Doe, there was a 3 year restraining order issued against you, based on an accusation of domestic violence that was supported by photos of the woman with bruises on her body.

That was 4 years ago, so you are no longer restrained from any contact. Correct?

Is your concern now in repairing your reputation?

Yes, very much so. This label is messing up my life, and I want my life back.
I'd also like a little justice in this case. She lied, and basically i just sat there and took all of the shots by everyone there.

 

[CdwJava]

What "label?"

Was this a TRO that SHE sought and obtained through the court, or was it a CPO placed on you by the court at the DA's request or the court's discretion?

The TRO was issued three years ago and is now expired. You were apparently never arrested, so no arrest record. Were you brought to trial?

In any event, what do you hope to accomplish at this late date? It's a tad late to challenge the TRO and there's no way to retroactively get them to purge the court records without some HUUUGE act of malfeasance.

And since the TRO or CPO is expired, there should be no state criminal history of that at this point (that will be accessible to a potential employer as a result of a background check of your criminal history).

So, what do you hope to accomplish, and how?

 

[Jon Doe 223]

I do not need a "domestic violence abuser" label hanging over my head. Especially when I am not guilty of such a crime. We also have two children together. I'd like to be able to see them with no hassle.
Yes everything has expired, and it has been a year past the expiration date, I still don't contact her because I don't want things to come up and bite me because of her vindictive nature, which is how I got here in the first place.

 

[single317dad]

Seeing the children is the easy part. Just use a third party to handle all communication and pickups/dropoffs. That way you never have direct contact with her.

This assumes you have gone through all the steps previously to establish paternity and visitation. Are you the legal father of the children? Is there any court order regarding visitation? Were (or are) you and Mom married?

Your desire for "justice" amounts to you holding a grudge and seeking revenge. Drop it; that attitude is self-defeating. If you weren't convicted of anything, there is no "label" hanging over your head, except the one IN your head.

 

[stealth2]

It seems that the only "label" is the one you have given yourself...

 

[CdwJava]

I do not need a "domestic violence abuser" label hanging over my head. Especially when I am not guilty of such a crime.

I understand that, but, you had the opportunity to contest the TRO/CPO years ago. You either did NOT contest it, or you failed to convince a judge that it should not be issued. You can't go back and unring that bell and say it never happened.

And, of course, you were not convicted of a crime, were you? A TRO does NOT require a conviction.

We also have two children together. I'd like to be able to see them with no hassle.

Establish paternity and seek visitation through family court. Without a TRO there is nothing legally preventing you from doing this.

Yes everything has expired, and it has been a year past the expiration date, I still don't contact her because I don't want things to come up and bite me because of her vindictive nature, which is how I got here in the first place.

That's why you seek visitation through an attorney. Let the attorney take care of the court issues and contacts at least initially.

 

[Jon Doe 223]

Was this a TRO that SHE sought and obtained through the court, or was it a CPO placed on you by the court at the DA's request or the court's discretion?

The TRO was obtained through court

The TRO was issued three years ago and is now expired. You were apparently never arrested, so no arrest record. Were you brought to trial?

They did bring the case to trial, she used photos of bruises on her, brother came in and tried to witness, but came up empty handed because at least I was able to thin out his testimony. The most he could be a witness to was arguing, listening over the phone.

And since the TRO or CPO is expired, there should be no state criminal history of that at this point (that will be accessible to a potential employer as a result of a background check of your criminal history).

Truth is, as of right now, I would like to see this dishonesty brought to justice. The falsehood of her accusation has only made it easier for women that do not have a REAL case get away with lying in court, just to get their way. There are many REAL victims in this world who go through it all the time. My Wife had been through the real deal, and she also does not feel that this should be just let go. Yes, it may be late to challenge the TRO, but to turn this whole "domestic offender" away from me would be a great weight off of my back. Having this label also takes away some rights from me that we all are right to have. This crushes my second amendment right, here in the state of California.