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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23349
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I was falsly accused of domestic violence, never charged, It

Resolved Question:

I was falsly accused of domestic violence, never charged, It cost me a lot of money since a restraining order was in place which keept me away from my home until the person got evicted and later filed for Bunkrupsy extending the eviction.

What can I do # XXXXX get it off my record, # XXXXX have the person sued for making a false report etc.??
Submitted: 2 years ago.
Category: Legal
Expert:  Barrister replied 2 years ago.
Hello,

Thank you for using JA.
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Were you arrested for the incident?
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But never formally charged?
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Was the restraining order challenged and then dismissed or was it a temporary order that just expired without being converted into a permanent one?
.

.

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Thanks.

Barrister

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If you need further help just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.

.

Please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 2 years ago.
Was arrested, not charged, temporary restraining order was made to a 5 year permanent, by a judge who was not involved with the domestic violence, did not let my lawyer or me terstify concerning the restraining order.
Expert:  Barrister replied 2 years ago.
Ok, if you were arrested and not charged, under California Penal Code Section 851.8, an attorney can make a motion for a declaration of factual innocence and an order for the sealing and destruction of arrest records. Such a motion will be granted if the trial court finds “that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made.”
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If you were arrested…but the prosecutor never filed charges against you…your first step in seeking relief is to petition the arresting law enforcement agency. If you (or your criminal defense lawyer) can convince the police agency that you were factually innocent, the police themselves will seal the arrest record for three years. Once the three-year period has expired, they will destroy the records.
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If the police do not grant your request or if they fail to respond within 60 days you would have to petition the court to remove the arrest record.
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As for the restraining order, if you were never charged with an offense, you can have your attorney file a Petition for Factual Innocence (PFI). Anyone who was arrested in connection with the false accusations, but never convicted can bring the Petition for Factual Innocence and request this relief. The attorney would need to argue that since there was never any underlying criminal charge issued, there is no factual basis for the restraining order to be granted and therefore it should be dismissed and the record sealed.
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Since there were no charges filed in connection with the complaint, you would have grounds to file civil suit for "malicious prosecution" and seek punitive damages against the person who filed the complaint.
.

.

.

Thanks.

Barrister

.

If you need further help just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.

.

Please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Satisfied Customers: 23349
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 21 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
Yes i have received this information before, to petition the court to have the arrest record removed, not by my lawyer but somebody else. Now he tells me I should wait a year before doing it since the case could be reexamend also I might be wasting my money since there is no gurantee the record will be removed
Expert:  Barrister replied 2 years ago.
Ok, he is wanting to wait until the statute of limitations for refiling the case has expired before filing and I would have to agree unless there was absolutely no evidence in the case that would justify re-filing the case. This would be strictly fact dependent and I would have to defer to your attorney who has actually seen all the details of the case.
.

.

.

Thanks.

Barrister

.

If you need further help just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.

.

Please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

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