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  1. #1

    Default California: Best Strategy to Vacate Permanent Restraining Order

    My question involves restraining orders in the State of: California

    I live in NYC. My sister lives in California. First off let me see if you live in California or are ever subjected to it's legal system, than I truly feel bad for you. Wow it is truly unfair!

    I was upset with my sister and I sent her an angry text message in 2014. She didn't reply. A few days later I got served a restraining order. She falsely alleged that I was a member of al qaeda and threatening to commit mass murder on her and her friends. She went to the FBI who investigated me. I was cleared. She also completely made up other threats that simply never occurred (which i can prove never occurred). I had an attorney go to court to try to defend me, I wasn't able to personally go to court. I was railroaded in court by a corrupt attorney who was later sanctioned for lying and deception in an unrelated matter. His name is Stephen Murphy, anyone can google him, he has been widely panned. Due to the intense nature of her claims she got a 5 year restraining order against me.

    in march of 2019 she filed to renew the restraining order. Amazingly in california you can renew without any violations or any reason other than what happened in the past. I tried again to defend myself with an attorney present. I submitted an affidavit in my defense. In the affidavit I pointed out that her husband threatened me. I included the threatening emails he sent me. When court date came the judge called the attorneys into chambers. The judge, in chambers, threatened to fine me her legal fees and seemed to indicate that there is nothing I could say in my defense to prevent him from granting the order, seeing as I had no way to defend myself I simply had no choice but to accept a permanent restraining order. The judge certainly seemed quite pleased with himself.

    I certainly never want to speak to my sister again but I do hope to one day have this permanent restraining order vacated. I fear that one day she will make false allegations that I will have to defend against, and considering that I have had such a hard time defending against her false allegations, I do not know if I will be successful.

    My question is what course of actions and strategy can I take that would be effective to get the judge to soften and reverse his position? its been almost a year. I don't mind waiting an appropriate period of time. I am in the process of voluntarily completing a 10 hour online domestic violence court that is a course that is usually court mandated. I figure that perhaps that would show some initiative on my part.

    It seems like the judge is basically saying, tough luck, you had your chance in 2014 to contest this and you didn't do a good job, so now you have a life sentence. But I am truly innocent of these allegations and I have never been given the opportunity to actually present a case.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,242

    Default Re: California: Best Strategy to Vacate Permanent Restraining Order

    Quote Quoting nachobaby123
    View Post
    My question involves restraining orders in the State of: California

    I live in NYC. My sister lives in California. First off let me see if you live in California or are ever subjected to it's legal system, than I truly feel bad for you. Wow it is truly unfair!

    I was upset with my sister and I sent her an angry text message in 2014. She didn't reply. A few days later I got served a restraining order. She falsely alleged that I was a member of al qaeda and threatening to commit mass murder on her and her friends. She went to the FBI who investigated me. I was cleared. She also completely made up other threats that simply never occurred (which i can prove never occurred). I had an attorney go to court to try to defend me, I wasn't able to personally go to court. I was railroaded in court by a corrupt attorney who was later sanctioned for lying and deception in an unrelated matter. His name is Stephen Murphy, anyone can google him, he has been widely panned. Due to the intense nature of her claims she got a 5 year restraining order against me.

    in march of 2019 she filed to renew the restraining order. Amazingly in california you can renew without any violations or any reason other than what happened in the past. I tried again to defend myself with an attorney present. I submitted an affidavit in my defense. In the affidavit I pointed out that her husband threatened me. I included the threatening emails he sent me. When court date came the judge called the attorneys into chambers. The judge, in chambers, threatened to fine me her legal fees and seemed to indicate that there is nothing I could say in my defense to prevent him from granting the order, seeing as I had no way to defend myself I simply had no choice but to accept a permanent restraining order. The judge certainly seemed quite pleased with himself.

    I certainly never want to speak to my sister again but I do hope to one day have this permanent restraining order vacated. I fear that one day she will make false allegations that I will have to defend against, and considering that I have had such a hard time defending against her false allegations, I do not know if I will be successful.

    My question is what course of actions and strategy can I take that would be effective to get the judge to soften and reverse his position? its been almost a year. I don't mind waiting an appropriate period of time. I am in the process of voluntarily completing a 10 hour online domestic violence court that is a course that is usually court mandated. I figure that perhaps that would show some initiative on my part.

    It seems like the judge is basically saying, tough luck, you had your chance in 2014 to contest this and you didn't do a good job, so now you have a life sentence. But I am truly innocent of these allegations and I have never been given the opportunity to actually present a case.
    You live in NYC, she lives in CA. Is the restraining order actually having a negative effect on you in some way? Or is it the fact that it exists at all is what upsets you?

  3. #3

    Default Re: California: Best Strategy to Vacate Permanent Restraining Order

    Hi thanks for your reply. I travel frequently internationally and it is scary and embarassing to always be pulled over into secondary screening at customs. I worry that it may be a problem someday. There are many other reasons why a permanent restraining order could look bad for me. It closes off employment opportunities. I am also worried that one day my sister may fake violations, since she lied to get the initial restraining order. I just really don't know what lies in store for me but I don't want to wait and find out!

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: California: Best Strategy to Vacate Permanent Restraining Order

    The problem lies in your not attending the first hearing and thus depriving the court of your testimony. here's no saying that would have prevented the order from being issued, but merely havi ng your attorney attend and say she was lying was clearly not enough to sway the court.

    At this point, you may have to pay for an attorney to try and get you back in front of the court, and then actually present a case and personally testify. You'll need proof to counter her claims. If the court was wwilling to buy her arguments without substantial proof, then you may be in an uphill fight.

    Budget the money, interview a few CA attorneys, and go with one who makes you feel comfortable with your chances of prevailing.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5

    Default Re: California: Best Strategy to Vacate Permanent Restraining Order

    I appreciate both of the replies and I agree. My question though is what kinds of things can I do and say that would sway a judge to modify or vacate a permanent restraining order in california?

    for example, changes in circumstances, completion of domestic violence courses, ways it has impacted my life unexpectedly

    thanks

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: California: Best Strategy to Vacate Permanent Restraining Order

    Quote Quoting nachobaby123
    View Post
    I appreciate both of the replies and I agree. My question though is what kinds of things can I do and say that would sway a judge to modify or vacate a permanent restraining order in california?

    for example, changes in circumstances, completion of domestic violence courses, ways it has impacted my life unexpectedly

    thanks
    There's no way to predict what an unknown judge in an unknown court will do in an unknown case. *IF* you can get the matter back up before the court, you would essentially have to show how you are NOT a threat. If she cannot prove that you threatened or harassed her, it is equally likely you cannot prove you did NOT do so. Pointing out that you live across the country and rarely - if ever - travel to California and have not had any contact with her since 2014, MIGHT have some sway. But, it all depends on factors we do not know about. Your best bet is to consult an attorney who can best advise you on the practices in the local court where the order was issued and how best to proceed.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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