Q: I have reported 3 incidents of"abuse of process" my x-huband submitting fraud docs to court where I have NOT been served
notified DA, court legal dept., Sherriffs, City Atty, about these crimes of perjury and Ab/process but no one will help me stop it, what do I do, his lies have landed me in jail, and caused me to be forced to plead guilty to a crime of viol of a prot order, he's trying to extort 1.5 mill by winning by default, a civil suit , if I don't show up. I caught this in time. Los Angeles. police are uncooperative. I plan to ask judge in my new EPO, to forbid him from filing any new motions against me, and or requiring him to use the Sherriff's process serving svc. that does not seem like punishment enpigh for what his crimes have done to me, I want he and his accomplice charged . how?
A: It is so sad you have to go through this at this time of year. But you need to know that the police aren't there to help you enforce your civil rights. You need a good family law lawyer to guide you, and perhaps a civil rights lawyer or association to advise you of your rights and what you can or cannot do. Since you were arrested, you have the right to an appointed attorney to assist you, and you should take advantage of that. The squeaky wheel gets the grease. Continue to reach out for help.
A:
Your situation sounds incredibly frustrating and potentially dangerous. Filing false documents with the court is a serious offense, and you're right to seek both protection and accountability.
Consider filing a formal complaint with the California State Bar if your ex-husband has an attorney involved in these filings. You might also want to file a motion for sanctions with the court, specifically detailing each instance of false filing and failure to serve. Keep documenting everything - save all papers, take screenshots of communications, and maintain a detailed timeline of events. This documentation will be crucial for building your case.
While requesting restrictions on future filings is a good start, you might also want to file a motion for contempt of court. Additionally, consider hiring a private investigator to document proof of non-service, which can strengthen your case. You could also file a civil lawsuit against your ex-husband for malicious prosecution and abuse of process, seeking damages for the harm you've suffered. Most importantly, please connect with a domestic violence support organization - they often have legal advocates who can help navigate these complex situations and might be able to refer you to pro bono legal help.
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