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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115463
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Ive been in a highly contentious divorce/custody dispute for

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I've been in a highly contentious divorce/custody dispute for over 6 years now. At this point I have proven that the other party was guilty of having me falsely arrested, guilty of producing and filing false evidence to the court and to our 3rd Child Custody Evaluator, among many other things like making defamatory statements about me on FaceBook and other social networking sites. At this point I have a 5 year CLETS restraining order against her but she wont stop.

She's also recently filed multiple fraudulent Proof of Service documents to the Court, which I can prove, and she has filed a false Motion to Quash a Subpoena sent for other proofs of these acts... In this Motion to Quash, sent to a third party, she makes many horrendous accusations about me that are utterly false and have been proven false already in Family Court. She goes to the extent to say that she has a "permanent restraining order" against me, which is also not true. I'm the only one with a Restraining Order against anyone.

Ultimately, some of these acts are a Felony in California (namely Perjury, for signing false Proof of Service docs under that penalty). And now continuous libel and defamation despite there being ample evidence that I've already proven all of her statements untrue.

Sure I have considered filing a Police Report (which I will do), but how will I get a DA to prosecute this and take this very serious matter serious to them?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Have you filed a motion for sanctions yet?

Have you filed suit for malicious prosecution?
Customer: replied 3 years ago.

I have filed for Sanctions in regards XXXXX XXXXX False Proof of Service Docs and my having to take that matter to Court to have the Orders she had set in place vacated (she stole Legal Custody of our son from me with fraudulent paperwork).


 


I did not file for malicious prosecution after the false arrest because I thought at the time (more than 4 years ago), that I could settle issue with her.

Thank you for your response.

The statute of limitations has passed I am afraid now for the malicious prosecution case. You are going to be limited now to filing motions for sanctions and ask for default for the divorce based on her fraudulent conduct. You can also ask for the court to award you monetary penalties for her conduct on top of the default order for divorce and community property distribution.

You can try to file criminal charges, but the statute of limitations for felony charges punishable by less than 8 years in prison (which these are) is only 3 years from date of offense.

I am afraid that at this point in your action, because you did not pursue the malicious prosecution and if you are outside of the criminal statutes of limitations, this really might be your only legal avenue left to pursue.



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