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Does a motion to expunge a denied DV restraining order application get heard in the Family Court or Superior Court?

Irvine, CA |

I had an ex-gf attempt to obtain a DVRO on two separate occasions, denied each time. I would like to have this sealed and expunged as she made several outlandish and untrue statements of abuse and stalking which obviously the court did not believe.

My privacy outweighs the publics right to know due to my profession and the fact she has made false accusations against men in the past. She filed a false rape report against a man in 2010.

Would this motion be filed before the presiding Judge in the Family Court or does this get filed in Superior Court? I have read the Superior Court orders the family Court to seal/destroy records, but not sure this is accurate as some attorney have even stated this type of expungement is not possible, which I know it is.

Attorney Answers 3

  1. Didn't you ask this before? I suggested a motion to strike and you said that you blew the statute.

  2. Sorry to hear about the false DV filings. This happens way too often. Expungements only apply in reducing and subsequently dismissing crimimal convictions. It appears from the information provided that there was no criminal case nor any conviction to expunge. You may consider a malicious prosecution action if she has done this twice and lost in both instances. I would happy to discuss your case if you would like. I can be reached at 909-635-2023.

    The content contained herein is for general purposes only and in no way constitutes an attorney-client relationship nor is this information to be construed as the only option available under the law. I encouarage everyone to get a second opinion to determine the best course of action based upon their particular situation.

  3. California case law is against you on the issue of sealing the file. Incidentally, in the event that this woman tries the same thing against someone else, wouldn't you want the next guy to know about her prior conduct?

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