One week before our client was eligible for a dismissal of his domestic violence case, the alleged victim wrote a letter to the City Prosecutor advising that our client had recently beaten her up. It was an outright lie, but the alleged victim was angry over a failed marriage to our client and wanted revenge by preventing the dismissal.
The timing of the letter was no coincidence. If the court found our client had complied with the terms of his summary probation, which included no further acts of domestic violence, the court would dismiss the criminal case filed against him almost two years earlier. The letter from the ex-wife was meant to deny our client such relief.
What to Take Away: Client defeats restraining order request in Torrance Superior Court of ex-wife by producing earlier declarations from the wife to question the ex-wife’s credibility, which the judge considers and denies her request.
Our client came to us aptly saying, “Hell hath no fury like a woman scorned” as our client had asked for the divorce although his wife actually filed to have the marriage annulled.
Greg Hill looked through the ex-wife’s petition for a domestic violence restraining order and immediately noticed that the ex-wife made allegations which could be objectively shown to be lies. Greg produced signed declarations from the ex-wife in the underlying domestic violence case that contradicted her allegations in her request for a restraining order. He also noticed that the ex-wife made no allegation that she feared our client in the future, an important issue required for the court to restrain anyone’s future contact or conduct.
At the hearing on the restraining order, the ex-wife told the judge she was in fear for her life, but asked for a continuance of the hearing because, she told the judge, it was very important that she get back to work. The judge granted the request for a continuance.
Greg Hill then submitted a supplemental brief to the court, asking the judge to note that if the ex-wife was truly in fear for her life, her attendance at work would not be more important. Greg pointed out multiple other statements made by the ex-wife that suggested the court should view the ex-wife’s credibility with skepticism.
Torrance Superior Courthouse
At the hearing (second) on the restraining order, the Torrance Superior Court judge focused his questions on the ex-wife. By the tenor of his questions, it was evident that he questioned the ex-wife’s honesty. Sure to form, the ex-wife told more lies under oath to cover up her prior statements and the judge sensed that the true purpose behind her request for a restraining order was a vendetta to punish our client.
The judge denied the ex-wife’s request for a restraining order and our client was extremely relieved. He now hopes his ex-wife will leave him alone, especially after the judge exposed her lies in open court.
Our client feared that had the court enabled the wife by granting the restraining order, the scheming ex-wife would promptly call the police to claim he was violating the order. She would not stop until he was behind bars for her ending the marriage. Our client would then be accused of a misdemeanor and be back in court. The ruling by the court made this possible mischief impossible.
For more information about the issues in this case summary, click on the following articles:
- I Face a Civil Restraining Order for Domestic Violence and a Criminal Charge of Domestic Violence – What Should I Do?
- What Should I Bring and Wear to Court?
- What Punishment Do I Face for Violating a Restraining Order?
Watch our video about restraining orders by clicking here