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False Accusations of Domestic Abuse

David Pisarra Dec. 31, 2011

In Domestic Relations cases such as Child Custody battles, Divorces, Paternity cases and Domestic Violence cases, there are frequently false accusations made. Either they are intentionally false, made in a ‘win at all costs’ mindset or unintentially false which happens when people are inclined to exaggerate.

The problem for the person who is being restrained in a Domestic Violence Restraining Order is that they usually have no opportunity prior to the first court hearing to dispute the other sides version of the domestic abuse that is alleged. In California counties such as Los Angeles, Orange, Ventura and Santa Barbara, along with the other 54 counties, a judge or commissioner will review the application for a Temporary Restraining Order and rarely speak to the applicant before issuing it.

Here’s the process, Party A wants to get a Temporary Restraining Order so they fill out the paperwork and say whatever they want to, true or not, and turn it in to a judge to read. The Judge usually reads the papers in their chambers and depending on what is in the paperwork will either issue or deny the Temporary Restraining Order under the Domestic Violence Prevention Act guidelines.

The Restrained Person probably has NO notice of this until they are served with the Temporary Restraining Order. Sometimes that means they are given 10 minutes to gather their belongings from their home and then go find somewhere else to sleep that night.

And it can all happen on a false allegation by Party A, and the Restrained person can’t argue until they have a court date, which is usually 21 days later.