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I was served with a TRO recently by a City Attorney. It is ...

 
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  • Answered by:Lawgirl
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Customer Question

I was served with a TRO recently by a City Attorney. It is against an employee of the city. The allegations in the complaint are completely false, as the employee is claiming I made threats of violence and showed up at their place of employment. The City Attorney contacted my employer and advised they were trying to serve this TRO on me. I have proof that I have made no threats of violence, and was at my place of employment the entire day the complaint alleges I showed up at the city employee''s place of employment. I hold a high position with a corporation and we have security badges to document our access to my building. On the day in question, I entered my building in the morning and left late in the afternoon. Never leaving during the day in question. I work over 40 miles away from the parties employment. I discussed my evidence with the City Attorney, and they are moving to dismiss the order on the hearing date. Can I now take action for these false allegations?

 

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California

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Just received the complaint a couple of days ago. Contacted the City Attorney and they are moving to get this dismissed. However my time, the embarrassment it has caused me at my employment from a false accusation along with an unstable individual making these threats I feel that I should protect myself.

Submitted: 1829 days and 1 hours ago.
Category: Legal
Value: $30
Status: CLOSED

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Expert:  Lawgirl replied 1829 days and 1 hours ago.

DearCustomer

Thank you for your question.

You could bring a defamation action against the complaining party. (This would be a lawsuit separate from the TRO.) It sounds like you can prove the falsity of the allegations against you which was published to a third-party. However you will need to be able to prove your damages in order win a defamation action in California. You may consider contacting a local civil litigation attorney to review the complaint against you and how your evidence would affect a defamation lawsuit.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

Expert TypeLawyer
Category: Legal
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Answered: 5/10/2008

Experience: I am an attorney familiar with the above-stated subject matter.

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Customer replied 1829 days and 1 hours ago.

Reply to Lawgirl's Post: Thank you for the response. Would it be a civil suit against the City Attorneys Office and the individual making these allegations or just the individual in your opinion?

 
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