Restraining Order Falsified

[yragitnoc]

What is the name of your state (only U.S. law)? california
My wife was recently served a temporary restraining order keeping her from seeing her grandchildren and I can only tell you the document that was filed asking for this restraint is the most falsified, malicious, absolutely ridiculous document I have ever read. Granted the judge has never met my wife but she granted this temporary restraining order!! Two questions - can a judge do that without even looking into the matter or talking with both parties? What is the penalty for submitting a damning, falsified request for such an order?

 

[CdwJava]

My wife was recently served a temporary restraining order keeping her from seeing her grandchildren and I can only tell you the document that was filed asking for this restraint is the most falsified, malicious, absolutely ridiculous document I have ever read. Granted the judge has never met my wife but she granted this temporary restraining order!! Two questions - can a judge do that without even looking into the matter or talking with both parties? What is the penalty for submitting a damning, falsified request for such an order?

Any question that begins with "Can a judge do ..." requires an answer of, "Yes." A judge can do most anything he or she wants to. With regards to restraining orders, the initial temporary order is granted based largely upon the affidavit submitted by the party seeking protection. The judge will then decide whether or not to issue the TRO and set a hearing date - usually about a month down the road. It is at that hearing date that the respondent (your wife) will be able to argue the case against the TRO being made "permanent" (generally for three years).

If the affidavit can be proven to have been submitted by the applicant with knowingly and intentionally false information, then the DA could pursue charges against the person making the submission. However, these are often very difficult to prove for a number of reasons.

Your wife's first step will be to contest the order on the upcoming hearing date. She might seek the advice of legal counsel if she wants to get a leg up on the hearing.

- Carl

 

[yragitnoc]

Carl, thank you so kindly. I was afraid that is what you would say. We have hired council. The hearing is set for April1. The true damage here is that my wife is a very important caregiver to the children, their mother is contesting custody orders from the court so the restraining order severely hampers how the children can be cared for while their Dad is at work. Is there any precedent for requesting the judge review the matter prior to the actual hearing date? Thanks again, Gary

 

[CdwJava]

Carl, thank you so kindly. I was afraid that is what you would say. We have hired council. The hearing is set for April1. The true damage here is that my wife is a very important caregiver to the children, their mother is contesting custody orders from the court so the restraining order severely hampers how the children can be cared for while their Dad is at work. Is there any precedent for requesting the judge review the matter prior to the actual hearing date? Thanks again, Gary

I do not know, off hand, if it is possible to obtain an early hearing because that requires serving the other party and allows for a whole array of possible problem. Her counsel should know if that is possible, or if it is something that you want to do.

In the end, if the court sees her claims as being frivolous or fraudulent, she could be spanked hard by the court and even sanctioned in some way. if she is found to have lied or misled the court, chances are she will lose her custody hearing as she proceeds through that process. So, at this point, I would think it best to just counter the TRO claims ... and, of course, listen to her attorney's advice.

- Carl

 

[yragitnoc]

Carl, again thank you. I will do as you advised. I hope the spanking is what she deserves but she is probably better off with psychiatric treatment. Regards, Gary