How do I respond to a false Domestic Violence Restraining Order?

Wallace Francis — Wed, 05 Jun 2019 00:43:47 +0000

If you have been served a Domestic Violence Restraining Order in California, here are the steps to take:

1. READ THE ORDER

The order is going to tell you what you can and cannot do. It will probably tell you to stay 100 yards from your ex. It will also probably tell you to not contact them, don’t go near their home, work etc. Read it!!!

If the order involves children, and applies to the children, follow it. Turn over your firearms and do everything it says. If you decide to violate the order, that will be considered a crime and you will be charged and easily convicted.

2. CALL AN ATTORNEY

If you are convinced you are going to be able to handle this without an attorney good luck with that. The court system is not designed for people unfamiliar with it. It’s not user-friendly. This is not time to be proud, or cheap. Protect yourself.

3. FILE A RESPONSE

If you don’t tell your side of the story, guess whose story ends up being seen as the truth? The one who told it. Don’t let them get away with create a false narrative about what happened. Tell your side.

4. APPEAR IN COURT

Under no circumstances are you to fail to appear. If you do not, they will grant it, and it can last anywhere from 3-5 years. The results? Lose custody, pay full child support, lose your house, lose your job. Do I have your attention?

5. ASK FOR A CONTINUANCE TO GET A LAWYER

If you appear in court, don’t let the train coming down the tracks run you over. The judge is almost certainly going to give you a chance to get representation. DO IT!!!

6. IF YOU GET A LAWYER, LISTEN TO HIM/HER

The reason you hire a lawyer is because they understand the legal world. You don’t. Although you may be convinced by your friends who went through a divorce once have a handle on things, trust the professionals who do this for a living. 90% of lawyers care about what they do and are good at it. There is a lot of bullshit about lawyers, judges, and the courts. Although some of the scarier stories are frankly true, most of them are not. Don’t fall for the hype.

I discuss this in pretty significant detail during this interview on YouTube.

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Sonoma County Domestic Violence where victims are men

Wallace Francis — Mon, 07 Sep 2009 00:26:45 +0000

The following is an excerpt from a recent Press Democrat article printed on July 5, 2009.

The trial for Bret Matz, 47, of Monte Rio is nearing opening arguments. He is accused of beating to death his 46-year-old partner, Robert Guess, with a lamp on Jan. 2.

A preliminary hearing is set to be held Wednesday for Sheyna Douprea, 24, accused of stabbing to death her boyfriend, Daniel Mooney, 46, in his Healdsburg apartment Dec. 14.

The third killing, the death of Conrad Wright, 68, apparently at the hands of his 59-year-old wife, Ruby, in their Santa Rosa home April 10, ended with the suicide of Ruby Wright after she was released on bail pending court proceedings.

The cases also raise questions because both Guess and Mooney had sought restraining orders against their alleged abusers, but abandoned the process in the months before their deaths.

According to state law enforcement statistics, roughly 80 percent of domestic violence homicide victims are females.

In 2004, the most recent statistics available from the Department of Justice, Sonoma County law enforcement officers responded to 2,045 calls reporting domestic violence. From those calls, 718 arrests were made, 550 of which were men and 168 were women.

The only domestic violence homicide that year involved a Richmond man who shot his ex-girlfriend. He was sentenced to 50-years-to-life in prison.

The Douprea and Matz cases also share two other characteristics that are common to domestic abuse situations, according to court documents and testimony. Both couples had a history of domestic violence, and alcohol and drugs were involved.

The fact that both Mooney and Guess dropped efforts to seek protection is also troubling, said men’s advocate Joe Manthey of Petaluma.

“Domestic violence is an underreported crime, especially when men are victims,” he said. “Men are much less likely to call the police. There absolutely is a shame attached to it. No man, including myself, wants to admit that he got beat up, especially by a woman.”

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Restraining orders - Northern California Attorney Wallace Francis