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.