Los Angeles, CA asked in Family Law and Domestic Violence for California

Q: You I filed a petition for DV TRO against sister who is malicious and has continuously released confidential informatio

You

I filed a petition for DV TRO against sister who is malicious and has continuously released confidential information to my ex husband who is a restrained party in a CPO. She has filed false allegations of drug abuse and abusive behavior and has been proven false in past but is now doing it again after I filed a petition for peaceful contact. She has used minute orders from my childrens dep case without permission and I have video and audio footage plus a declaration of someone collaborating my claims. My hearing is continued she filed the same day and was granted partial.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand that you are going through a difficult situation involving your sister and ex-husband in California. Based on the information you provided, it seems that you have filed a petition for a Domestic Violence Temporary Restraining Order (DV TRO) against your sister due to her malicious actions, such as releasing confidential information to your ex-husband (who is a restrained party in a Criminal Protective Order, or CPO) and making false allegations against you.

In California, a DV TRO can be granted if the petitioner proves that they are in an immediate and present danger of domestic violence, which can include harassment, threats, or abuse by a family member or household member.

Given that your hearing has been continued and your sister has been granted partial relief, here are some steps you can take:

1. Gather all the evidence you have, including the video and audio footage, the declaration from the collaborating witness, and any other relevant documents that support your claims.

2. Consult with a family law attorney who specializes in domestic violence cases. They can help you navigate the legal process, prepare for your hearing, and protect your rights.

3. If your sister continues to harass you or release confidential information, document each incident and report it to the appropriate authorities, such as the police or the court.

4. If you are concerned about the impact of your sister's actions on your children's dependency case, inform your attorney and the court handling that case about the situation.

Remember, the court will consider the evidence presented by both parties and make a decision based on the facts and the law. It is essential to present a strong case with clear evidence to support your petition for a DV TRO.

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