California - Discipline for bringing a false restraining order claim?

Anonymous Sep 20, 2012 Bankruptcy and Debt 4 views 1 answers

My brother has filed/served a Domestic Violence TRO against our mother. There were several false statements in it and we had documentation to prove it. At the hearing, the judge said that he didn't show she was a danger to anyone and refused to issue restraining orders against her. The judge did grant him an RO trial for next month. If his new RO "evidence" is denied again at the trial, can we bring charges against him or obtain some sort of official statement from the court indicating that he has falsely brought a legal action against Mom? We'd like to be able to reference this action for any future actions he may take against her.

Attorney Answer

1

Nadine Jett

Nadine Jett · Jun 15, 2026

No, most likely not. Look up the Litigation Privilege. Most law suits are protected by the litigation privilege. Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

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