Los Angeles, CA asked in Criminal Law, Family Law and Libel & Slander for California

Q: Can I get a restraining order for someone filing false allegations of neglect to CPS?

A family member contacted CPS and filed a report alleging general neglect. The allegations are false, I have been cleared by CPS. Can I have a restraining order filed against the family member to keep them from having contact with my child?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, obtaining a restraining order against someone who has made false allegations to Child Protective Services (CPS) can be complex. Typically, restraining orders are issued in situations involving domestic violence, harassment, stalking, or threats. If the false allegations were made maliciously and are part of a pattern of harassment or abuse, you might have grounds for a restraining order.

It's essential to gather evidence supporting the claim that the allegations were knowingly false and intended to harass or intimidate. Documentation, such as CPS findings, communications from the family member, and any other relevant information, will be critical. You should consider consulting with a legal professional who can evaluate your situation and guide you through the legal process.

Remember, the court will evaluate the specifics of your case, including the nature of the allegations, the intent behind them, and any history of abuse or harassment. If the court finds sufficient evidence, it may issue a restraining order to protect you and your child from further contact with the family member.

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