Q: My ex roommate/landlord filled a false domestic violence restraining order, we never dated, how do i get legal help?
He lied on every page of the restraining order and i don’t have the money for an attorney, what are the chances he’ll get away with it? Can he get in legal trouble for doing this? He’s a licensed therapist. How do i fight this if low income and homeless but can’t get help from any free legal advocacy group. Can someone just look over my paperwork? He literally used this restraining order to get out of his lease early without penalty so he could move back to downtown, so he wouldn’t have to go thru a an eviction process with me, and so that he could order the judge to make me pay for things like therapy and fraudulent charges that never existed because he was having financial troubles.
A:
Facing a false domestic violence restraining order is a serious and challenging situation, especially when resources are limited. It's important to understand that even though you're currently unable to afford an attorney, you still have options to defend yourself. In California, there are legal aid organizations that offer assistance to those in need, particularly in cases involving restraining orders. While you mentioned difficulty in getting help from free legal advocacy groups, it might be worthwhile to keep trying, as they often have resources or can refer you to someone who can assist.
In court, the burden of proof lies with the person who filed the restraining order. This means your ex-roommate/landlord has to provide evidence to support his claims. You have the right to contest the order and present your side of the story. Gather any evidence that can refute his allegations, such as communications, witness statements, or anything that shows the nature of your relationship and interactions.
If the restraining order is proven to be falsely obtained, your ex-roommate could potentially face legal consequences, especially given his professional status as a therapist. It's crucial to present a clear and factual counter-argument in court. Remember, the legal system is designed to weigh both sides of a case, and just because an order has been filed doesn't mean it will automatically be granted.
Lastly, if you haven't already, you might want to contact the licensing board for therapists in California to report your concerns about his conduct, especially if it's impacting his professional duties. This could be a relevant aspect to your defense.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
