Reference TRO's
Even the California Bar Assoc. is on record stateing that TRO's are to liberally handed out.
Attorney answers (3)
I'm with Mr. Dinday, in my experience judges are loathe to even give the soon to be ex husband due process. Burden of proof, mere suspicion in some cases will suffice. An unfounded child abuse report is just that, it means no way, no how, could you have done it, CPS rarely finds that, mostly going with unsubstantiated as a CYA.
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At the risk of offending Mr. Gould-Saltman, I too am offended at the way TRO's are given out like candy with little or no actual basis, considering the profound damage they do to a person's reputation and career. There is a major epidemic of false DV and child abuse accusations due to gaming the system, "evening scores" and just plain malice. And then as soon as one complaint is cleared, they just file another. It is free of charge, at taxpayer's expense, and it is risk-free, since no one ever gets prosecuted for making these false allegations. And lawyers like me wind up working full time trying to seal and destroy the false arrest records so the person can actually earn a living.
Add to that the fact that there is no statute permitting the sealing and destroying of proven false Family Court EPO accusations, and we have a problem. Thank you for bringing your latest example to the public's attention. I think sharing this info is a step toward building awareness of the problem and finding remedies to these wide spread abuses. By the way, if in addition to smearing you with the EPO, she also had you arrested, then you ought to look into a factual innocence petition, which could erase your arrest record and even possibly seal and destroy the Family Court EPO file ( I did succeed in this once, but only when there was also an arrest). You can refer to the articles on my website to learn more, if you wish: http://lawyer-expungement.com/petition.htm and http://lawyer-expungement.com/results.htm Good luck. 4 people marked this answer as good
This is a forum for legal questions, not political speeches or tirades. You don't seem to have a question.
If you want the law changed, contact your legislative representatives. If they don't agree with you, then the next time there's an election, help the other guy's campaign. 2 people marked this answer as good
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