Login|Contact Us
JustAnswer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Tweet

I got a TRO here in California. The TRO is for CHO from a scorned

 
PhillipsEsq's Avatar
  • Answered by:PhillipsEsq
  • Attorney-at-Law
  • Positive Feedback: 100.0 %
  • Accepted Answers: 1825
Verified Expert

Recent Feedback

Positive
thank you...
Positive
i called the dealer and talked to them they finally met me half way!...
Positive
I would love to give more I just don't have it. I am going to a lawyer next week...
Positive
Thank you...
Positive
Although it isn't the responce I had hoped for, the clarification Ifound...
Positive
Thank You. ...
Positive
I will try the DA's office and file a harassment suit as you suggested. Thx...
Positive
Thanks!...
Positive
thank you...
Positive
This information was GREAT and very informative....

Customer Question

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?

Submitted: 1017 days and 14 hours ago.
Category: Legal
Value: $18
Status: CLOSED

Accepted Answer

Picture
Expert:  PhillipsEsq replied 1017 days and 14 hours ago.

 

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.

 

Expert TypeAttorney-at-Law
Pos. Feedback: 100.0 %
Accepts: 1825
Answered: 8/9/2009

Experience: Licensed in Massachusetts and New York

Ask this Expert a Question >
 

25 Lawyers are Online Right Now

Ask Your Question Now
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
25 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2012 JustAnswer LLC