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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.

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Attorney answers 3

Posted

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

Asker

Posted

HI, no I asked about the expungement, but I am now trying to ascertain where this motion gets filed. In Superior Court or with the Family Court. I keep getting conflicting information. I just had another atty comment that an expungement is not even possible. This is why I am so confused. I contacted the attorney you referred me to in OC and never heard back.

Hillary Johns

Hillary Johns

Posted

That's odd that the person didn't call you back. I would call again. It does happen where a message isn't communicated to a lawyer. I don't handle expungements so I couldn't really comment on that.

Asker

Posted

Thanks, just had another atty state its against California law to expunge a civil file. I know its possible, but all the different answers is confusing. You would think with all the bogus TRO's filed it would be cut and dry. In Florida, if your TRO or R/O is denied, all you need to do is file a form and its expunged. My friend is an atty there and said they added this law to the existing expungement statutes due to all the family law fraud involving TRO's.

Posted

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.

Asker

Posted

Hi, there actually is a process for a civil expungement, but I keep getting conflicting information. There precedent case involved NBC and the opinion from the court if your privacy outweighed the publics right to know, the expungement can be granted. I am trying to figure out if I file this with the Superior Court or Family Court. I keep getting conflicting answers As far as a malicious prosecution claim, I am going to pursue this. Here is the kicker. She falsely accused a man of rape in 2010, I contacted this person and I am trying to get him on board so we can sue her together.

James D. Madden

James D. Madden

Posted

You may also consider abuse of process, defamation and a claim for vexatious litigant. Wishing you the best of luck.

Asker

Posted

Thanks, it seems incredulous to me that Judges are so reluctant to grant atty fees in "DV" cases. My atty advised Judges are reluctant because they do not want to set a precedent for DV "victims" worrying about coming forward and losing and then getting stuck with fees. Is this your experience as well?

Hillary Johns

Hillary Johns

Posted

Call Mr. Madden and ask him if he can help you with your case.

Nadine Marie Jett

Nadine Marie Jett

Posted

Check out the Siam case. Many DV cases are protected by the Litigation Privilege.

Posted

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?

Asker

Posted

Hi, there is established case law to seal/expunge this. Several family law atty's have told me it is possible and have heard it being done, but none knew how to do it. If it wasn't for my profession, law enforcement, I could care less, but she made statements which could hurt my career. Incidentally, she tried to "settle" with me for 20kmy before the first hearing

Asker

Posted

I told her and her atty to pound sand, she tried again 7 days later and even tried to circumvent then first Judge by filing in a different department.