To effect a dismissal of charges,What motion needs filing, on a falsely filed proof of service on a temporary restraining order?

Asked almost 2 years ago - Suisun City, CA

In California I was arrested for PC166(A)(4) violation of a court order on a Temporary Restraining Order and also charged with a PC148(A)(1) resisting, delaying, obstructing an officer 9 days after a false/fraudulent proof of service was filed saying I had been personally served. The proof of service is filed fraudulently as I have signed declarations by unimpeachable witnesses who attest to my being in a location at least 25 miles from the site of service as stated in the filed proof of service. The service was not completed by a process server or law enforcement but by an 18 year old close personal friend of the petitioner.

Attorney answers (2)

  1. Constantine D. Buzunis

    Contributor Level 17


    Lawyers agree

    Answered . You should hire an experienced lawyer and let them handle this for you! If the service was fraudulent and you were not served and did not appear as a result, then you should file a motion to set aside the court's ruling on the alleged violation along with a declaration and notice of lodgment and lodgment of the declarations and other documents setting forth your proofs.
    Even if you are successful, you may still have trouble on the subsequent charge of PC148(A)(1), as you resisted an officer in the performance of their duties, even if you were correct, it does not give you the right to resist the officer. It would also help if you could have your witnesses present in court in addition to their declarations.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  2. Robert Bruce Kopelson

    Contributor Level 20


    Lawyers agree

    Answered . You need to consult with a criminal defense atty asap. If you were present when the court made the order, I think you may be stuck, even if not served later. Either way, you dont have a right to resist arrest.

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