Restraining Order Obtained Based on False Allegations
My question involves restraining orders in the State of: California
in august 2014 i left my ex bf and moved away to nevada to stay away from him he tried to issue a restraining order on me. in march it didnt go through because I was in nevada. he now filed a second one and i was told by a investigator it had gone through i however had no clue.
I have moved on and moved away to get away from him. everything about it is false the locations i was in at the time were no where near his town i want to be left alone. I dont know where to start. i want it to be dropped. i feel framed due to the fact i left this man he forced relationship on me i finally got away so now this is happening.
any advice and help is much appreciated
Re: Illegally Forged Restraining Order Flase Accusations
If the order was issued, then there was a court hearing. To hold a hearing, you would have had to be served (or someone would have had to claim they made valid service upon you). Because you say you have spoken to some investigator, and you appear to have knowledge of some of the allegations in the order, I surmise that you have been served with the order. Correct? The place to contest the order would have been that hearing that you apparently missed. Because you missed it, the order would likely have been granted by default and probably for at least three years.
Re: Illegally Forged Restraining Order Flase Accusations
An investigator called my parents house not to serve me but to investigate a claim my ex had made which had to do with the restraining order at the time everything happened I was at the beech
I was never served the only person that contacted me was an investigator looking for evidence I gave him my where abouts regarding the incident related to the restraining order filed
I had a witness he has not contacted me since
I have been in a mother state and live no where near my ex and haven't been in the area since
I don't understand!
I was never served ??? I have witnesses ready to help me against this fraud that's the biggest problem I was never served on top of being falsely accused. Whoever stated they served me has committed a crime I want this fix and have people ready to stand with me I just now need advice on what to do
I've been framed in a way but I can fix it
Re: Illegally Forged Restraining Order Flase Accusations
Okay, then how do you KNOW that a TRO has been issued and granted? The investigator - assuming he was a police officer - was looking into criminal allegations made in support of the affidavit. The fact that this person may have applied for a restraining order does not mean it was granted.