Recent Feedback
I got a TRO here in California. The TRO is for CHO from a scorned ex lover. The TRO are full of lies. I got the TRO on July 17, we were supposed to have a hearing on july 28 but she asked for an extension when she found out I have a lawyer. Our ct date will be on Aug 11. The strategy is to expose the lies in her declaration and to present the judge that her allegations towards me does not meet the legal standard of me being violent, threatened violence etc. My question is if the Judge (I am hoping and praying) finds inconsistencies in her declaration and send a sign that she is commiting perjury (I have proofs) can the plaintiff ask judge for continuance again because she needs to get evidence to disprove that she is commiting perjury? Another question: best case scenario for me is the TRO will be dropped will this appear on background checks when I apply for a job? And can I collect legal fees that I paid from the plaintiff if the judge suspect perjury?
My question is if the Judge (I am hoping and praying) finds inconsistencies in her declaration and send a sign that she is commiting perjury (I have proofs) can the plaintiff ask judge for continuance again because she needs to get evidence to disprove that she is commiting perjury?
Response 1: No, she cannot at that time. The Judge would dismiss the TRO against you.
Another question: best case scenario for me is the TRO will be dropped will this appear on background checks when I apply for a job?
Response 2: Unfortunately the fact that you had a TRO will be on your file. On the other hand, the fact that it was later dismissed would also be on your file. The dismissal would carry more weight than the TRO since the TRO is usually issued ex parte with only the accuser appearing before the Judge. To err on the side of caution, Judges issue TRO in this fashion and then to ensure that there is due process for the accused would schedule a hearing usually within 10 days of the issuance of the TRO so that the accused would have the opportunity to defend himself.
And can I collect legal fees that I paid from the plaintiff if the judge suspect perjury?
Responsible 3: Unfortunately this is not likely as the Court may not be 100% certain that she lied or that she was not somehow intimidated to change her story.
Experience: Licensed in Massachusetts and New York