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My boyfriends ex has placed a temp restraining order on me by using lies to get it passed. How can i prove she is lying?

Marysville, CA |

After every failed relationship she becomes suicidal and goes running back to my boyfriend. Before he met me he would normally take her back. But of course this time he told her no and she became infuriated. She spread rumors to my coworkers that caused me trouble at work. She even sent people to my work to harrass me. She knows i am going to school for law enforcement and threatened me i would never become a cop because her brother in law is a cop and has pull. Im just wondering how to prove she is lying or if it does go through the consequences. This is just insane to me how easy it is for someone to get a restraining order.

Attorney Answers 2


  1. Since you chose not to tell us anything about what she accused you of, I can't tell you how to prove she is lying. More important is how can you prevent this EPO from impacting your career. This "sport" of using Family Court restraining orders to trash someone's reputation or career out of spite has become a national craze and amazingly, the Courts and legislature are oblivious to it. Yes, they do hand out these EPO's like candy, and the consequences to the victim can be devastating, and yet the law provides no remedy for sealing or destroying court files that are later proved to be based upon slanderous fabrications.

    The only help I can offer you is that if her accusations result in your arrest, you can get full sealing and destruction of all records of her accusations through a factual innocence petition under Penal Code Section 851.8, but not unless you are arrested. I have recently succeeded in getting a Family Court EPO ("Emergency Protective Order") file sealed and destroyed this way.


  2. You need to get to an attorney immediately. You have to have witnesses or some other way of proving she is lying. Was anyone around at the times she says you did things to her? What about your co-workers, can they come in and testify that she has been spreading rumors? That shows she is not afraid of you. A temporary restraining order is easy to obtain, since it's based on an emergency. A permanent restraining order must be proved.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client relationship or privilege between you and the attorney responding. Do not use this or any answer by the responding attorney as a substitute for competent legal advice from a licensed professional attorney practicing in the area in which your question pertains with whom you have an attorney client relationship. The law frequently changes and will be different from state to state. The response provided above is general in nature, and is based solely on the facts provided in the question. Fact not included in the question may have a bearing on the response.

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