Get CA DV-730 S 2012-2023

(A) A person who knowingly or wilfully makes, presents, files, or attempts to file a false, fictitious, or fraudulent foreign protection order is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both, in the discretion of the court ...

In addition to the relationship between the parties, one of the distinguishing features of civil harassment restraining orders is the high burden of proof that the petitioner must meet for an order to issue after the hearing. The petitioner must prove all the elements of harassment by clear and convincing evidence.

You may be able to sue the person who filed the false restraining order for defamation, intentional infliction of emotional distress, or malicious prosecution. An experienced attorney can help you determine your situation's best course of action.

If a wrongful restraining order has been filed against you, you must take a proactive approach and file a response. You must also attend the court hearing. This is your only opportunity to challenge the order.

The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.

A: A permanent restraining order is on your public record and will remain there. Sealing a record or expunging charges is only available for criminal charges, and restraining orders are usually part of civil records.

In California, making false accusations is a crime and is considered a misdemeanor. But can you go to jail for false accusations? Yes, making false allegations could land you a fine, up to six months in prison, or both.

DV-730 Order to Renew Domestic Violence Restraining Order.