Restraining Order Injustice (IMO)

What is the name of your state? California (Bay Area)

Greetings All,

I hope some of the legal-brains here can help me out with this one (it's kind of a doozy)-

First, some bg info:

Ok, my wife (we're in the dissolution process now) committed Domestic Violence against me (the cops found her to be the "primary aggressor") and arrested her back in May with a bail set at $25,000. Her b.f. bailed her out that night. The cops suggested I get a R.O. against her, but I declined because I thought she sufferred enough embarrassment -- BIG mistake! She filed one against me based on fraudulent information and lies. Moreover, in the request she asked me to repay the bail! Now the really bad part-- I was 10 mintues late to the T.R.O. hearing (I know, I know.. but I was held up waiting for my brother who insisted on being there and I was late.. I was also very naive at the time). Because I was late the Judge granted the order as prayed. Now I have an Earnings Withholding Order against my paycheck until the bail is paid back. She didn't even give me a chance to pay her.

I have tried to fight this (motion for reconsideration) but the Judge won't reconsider his decision because, his words "he sees no legal reason to reopen the case".

This restraining order has trampled my civil rights and is forcing me to pay back the bail for her arrest-- something I had no control over. In addition, it makes me look like a wife beater... far from true. In fact, she is the abusive person, I just never reported it. The major reason she is doing this (IMO) is application fraud via the VAWA act which would expedite her greencard application.

Is there anything I can do? How can I fight this? Motion to vacate? What is a "legal reason"? Can I appeal? (btw, I'm handling this pro per)

Very frustrated with the legal bureaucracy.

Help

Doesn't anyone have any ideas/advice for me? These restraining orders are unconstitutional! Anyone can get one with an ex parte hearing and some lies and it's guilty until proven innocent!

I am innocent, and unfortunately, was late to my hearing. Isn't there anything I can do? There must be... this is America, right? I know I am not the only victim of this unconstitutional legislation.

I am fighting this pro per as I can't afford an attorney at $300/hr. Does that mean I'm not entitled to justice?

Any ideas will help. Thanks.

Well, you made 2 CRITICAL mistakes.

1- you never filed the original R.O.- which indicates that you felt there wasn't a need for one.

2- you showed up to court late and forced a default judgement which indicates you aren't a responsible person ( I'm not calling names, just saying how you look in the eyes of a judge waiting for you to show)

Now you want to backpeddle and say "no, no, she's the one!" and you expect a judge to reconsider his decision.

It seems to me that you had a wide open shot at justice on two occasions and chucked an airball at the buzzer both times. Now trying to get that justice again is going to cost you.

Thanks for the reply, Jeter.

Of course, hindsight is 20/20, right? I realize my mistakes now, and if nothing else comes of this, I have learned a _very_ valuable lesson (albeit a costly one). But, I have always been one of those types that tends to learn the hard way.

I guess in this case, I felt sympathetic for her situation, that's why I didn't file the original RO, and she obviously took advantage of that. In fact, I did feel some sense of dread over how she might retaliate (I even moved my car), but I was very naive and innocent. As a result of this process, my innocence and naiveté are gone but I no longer trust people. No wonder our society has so many failings. Too many people automatically jump the gun and assume the worst of eachother. No wonder so many people are suing eachother. Why can't people just get along and work out their differences equitable and logically?

I was actually only about 10 minutes late to the hearing and there were no other people waiting. I'm starting to think that the Courts rely on paternalistic and anachronistic codes and are only covering their asses when making judgements (i.e. They don't want to see their names in the paper. They've got no guts to do the right thing, just what the code says).

All that aside, isn't there anything I can do? Motion to vacate? I think I can appeal, but I'm doing this pro per.

Just out of curiousity, does anyone know what can happen to me if either of two things happens, (1) I can not afford to pay (can't get blood from a stone), or (2) I leave the country?

Thanks in advance.

I understand how you feel, coming from a situation in my own life where I felt bad and let my ex off the hook, then she made me pay later. It sucks because you were being easy on her and she turned around and buried you. Now in the eyes of the court there was no occurence of foul play on her part whatsoever. It just looks like you're trying to sway the story so she's the bad "guy". Sorry to hear about this.

I think one of the lawyers on this forum should handle your other inquiries about motion to vacate, appeal and leaving the country.

Anyone?

You should hook up with nototyranny

yes the laws and order are unconstitutional - it seems that everyone knows this but is allowing it to go on in your state. California is a very liberal, passive state. You know I'm sure since you live there.

look at NoToTyranny i just replied to her post or actually the tiger momma's post, only my second time here, but it seems like nobody listens to the facts here or in your courts. Read her case and then read the attorney who never even replied to HER request about the violation of her rights. And we're supposed to trust either side.

He was too busy assuming she was sticking up for her husband, and i don't read that. her and your post seem clear you want help about your situations not your ex or her husband's. Both your posts make valid points, too bad none of the lawyers want to deal with the issues. Too busy making you feel dumb for posting.

wake up america, if you don't a simple accusation will keep your children, family and who knows what else away from you. This site is great, it's a wake up call to the power our government has over us. It's enough to start a revolution and i would if it were me in either of your cases.

good luck-
ourjustice

Right On, Fight the Power!

California is nutty. Everyone knows that.

Also, I would guess there are so many people shuffled in and out of the legal bureaucracy that there isn't enough time to carefully consider each case and therefore "justice" is dispensed automatically according to some rule book or computer program, not logic or compassion.

It was clear to me (and everyone involved) that my ex didn't deserve a red cent but the judge was powerless to do anything about it because there was no "legal" reason. If he didn't grant support, then it would be his ass on the line.

I don't think there's anything I can do, I'm just a peon. I am angry enough to join a revolution, but I wouldn't know how to start one.

"The road to Hell is paved with good intentions"

California, politically and in terms of justice, is becoming Hell. My $0.02.