Can I Vacate a Restraining Order Based on False Allegations?

In California, a person can ask the court to grant a temporary restraining order before a formal hearing is held. This means you can have a restraining order served on you before you have the opportunity to defend yourself in court. As soon as you are served with any legal paperwork, contact a lawyer. It is becoming more common for individuals to request restraining orders based on false allegations of abuse or threats in order to get temporary orders with little to no notice. Let your attorney know if this applies to you.

Your lawyer can represent you during the hearing, and ask the court to vacate the restraining order because the allegations are false, or there is no evidence to support the claims. Individuals who intentionally and knowingly make false allegations to obtain a restraining order may be subject to legal penalties, such as the loss of child custody and monetary sancitons.

When it comes to family law, fathers start from a disadvantaged position. The law firm of Singer & Associates in Sacramento, CA works to restore fathers’ legal rights, and protect them from restraining orders based on false allegations.

The information presented in this article should not be construed to be formal legal advice by Singer & Associate Law Office, or the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

Categories: Restraining Orders


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