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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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My sister has filed a false restraining order in Riverside,

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My sister has filed a false restraining order in Riverside, CA against me to avoid showing up in Small Claims Court in the Bay Area where I live. I have not seen my sister in 20 years; but, I did some writing services for her for years. Upon settlement she promised she'd pay. She never did. Subsequently, when I filed a case in small claims, she went to court where she lives in Riverside and filed a fake Domestic Violence case against me. I can't go to court in Riverside, because I know she will scream in court just to make it look like I got too close. If she gets the fake restraining order; she won't have to show up in Small Claims?

How am I going to get her to come to my small claims actions if she succeeds with this phony restraining order - domestic violence fake case. How do I alert the judge without going all the way down there to be attacked by my sister?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. A protective order would not "get her out" of court. That is, she would still need to comply with the small claims court process, and if she did not show, you could get a default judgment against her.

ScottyMacEsq :

Basically protective orders don't apply to court proceedings. A court proceeding is a "protected" proceeding, in that she can't say that you violated the order by being within X feet of her in the court, because this was a judicial process and would be exempt from the protective order contempt process.

ScottyMacEsq :

Now you could go to Riverside to attack this order, if you wish, and if there's a hearing on the matter, you should certainly attend that hearing. Again, the court process itself is protected, so if you show up at the court and she says anything about you violating the order, that would not hold up, because you can be within that distance if you're in court.

ScottyMacEsq :

You can also write a letter pertaining to this matter setting the matter straight, but you should also "CC" (carbon copy) her, meaning that you send her a letter of what you sent the judge in this matter.

ScottyMacEsq :

To be honest, the judge probably won't look at that letter until it comes time to have the hearing.

ScottyMacEsq :

You can also contact the court coordinator about the hearing and ask if you can call in (a telephone hearing) because of the distance involved.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

This is a very good answer! Actually, I have been up all night worrying about Barbara's lies and can't believe she'd pull this to try and avoid being at that Small Claims procedure. Knowing she has to be there, I will go ahead and try to make it to Riverside for that hearing. I just had a mini stroke. It'll be hard, but your advice gave me new life.

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Customer: replied 3 years ago.

I saw my doctor and she advised me yesterday not to travel to Riverside for the hearing because I have a benign tumor in my throat, that was related to a mini stroke I had on April 6. Per your advice - I am writing yet another letter attaching my doctor's letter for the judge. I sure hope this Protective Order that is false does not appear on my record in the end. Looks like it will be impossible for me to make the April 23 hearing in the end.

Thank you for keeping me in the loop. I do wish you the best of luck here...

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