In honor of Father's Day this Sunday, here is a blast from the past blog post from a vindicated father who was able to get his Temporary Domestic Violence Restraining Order Sealed by the Orange County Superior Court.
A letter to Fathers and Families by an Anonymous Client/Vindicated Father
"THIS IS A SIGNIFICANT VICTORY FOR FATHER'S RIGHTS IN THE STATE OF
CALIFORNIA SPECIFICALLY WITH RESPECT TO THE ISSUE OF FALSIFIED
DOMESTIC VIOLENCE RESTRAINING ORDERS.
Gentlemen,
A significant event occurred today in the Orange County California
Superior Court, Lamoreaux Justice Center in Department 64, Judge
Ronald P. Kreber.
I was successful in getting all records, physical and electronic of
the falsified Temporary Restraining Order issued against me on
September 9, 2009 sealed by the order of the court.
I have been tirelessly working at and documenting the FACTS which led
up to the falsified Domestic Violence Temporary Restraining Order
being issued against me on September 9, 2009. My current family law
attorney, Mr. David Schwarz has been relentless but extremely
diplomatic and patient, with my now ex-wife's attorney in getting my
wife's attorney to actually draft the stipulation and order, that was
signed by everybody and signed by the judge.
My attorney, Mr. David P. Schwarz listened to my concerns, stayed with
this issue, and I wrote what seemed to be a million pages of
Declarations, but the final result is that Mr. Schwarz was able to do
what I do not believe has occurred in the State of California thus
far.
Even though Mr. Schwarz did not really have the case law, the codified
sections or the points and authorities to pull this off, he did it
anyway through determination, and having to put up with me as a client
who was screaming and yelling all the time.
For the issue of Father's Rights, the issue of combating the gross
misuse and abuse of the Temporary Restraining Order Process, this is a
significant case. Since Father's & Families has been combating the
abuse of the Restraining Order process for a long time, this case may
provide fuel for other cases and legislative change.
I hope this information helps the cause of Father's Families, and I
think we need to consider the determination of my legal counsel,
Attorney David Schwarz, in correcting a wrong, and hopefully all can
benefit from this decision.
If you have any questions, feel free to contact me, and I am sure that
you will see this case on Mr. Schwarz's Blog, but it is a HUGE step
helping those falsely accused of domestic violence. Of course the
next issue that I will have to deal with is the year's long battle to
re-connect with my children after this huge crisis and the mountain of
parental alienation that I have had to deal with and will continue to
deal with.
From a now happily divorced and vindicated man, but still saddened
from the abuse of my children that this has caused. I hope this helps
the cause of Father's & Families, and I hope that other men falsely
accused of domestic violence resulting in the issuance of temporary
restraining orders, can realize that if the circumstances are present,
and with a little ingenuity can get these things off their records.
Now we have to put in place the laws and the point and authorities to
make these routine.
The bottom line here is that my now ex-wife and her attorney had
finally come to the realization that the facts leading up and
surrounding the issuance of the temporary restraining order issued
against me, were false, they knew they were false, and they knew that
I and my attorney Mr. Schwarz were just not going to give up at
bringing the truth of this situation to the attention of the court.
If my ex-wife and her attorney would have continued with this shrill;
at some point and time she would have risked the possibility of
perjured testimony and possible arrest, so it was better to agree to
the stipulation.
For all of those falsely accused Dads out there, let's use this
example for everybody's benefit.
Thanks."
If you need assistance on an Orange County or Los Angeles domestic violence restraining order, please contact an Orange County divorce attorney for assistance.