How easy is it to lie and get a restraining order?

Answer 1

it's not that easy

In San Bernardino County, California it is very easy. It is also, considered it to be a form of abuse, when an individual lies and misuses the legal process for personal gain or as in my case, to turn the attention away from themselves. What happened to me and my mother after my father and grandmother passed within a week of each other, has seemed like a nightmare, and I could never have imagined it could be possible, until it did happen to me. When my father was in a rehab facility for his immobility issues, my siblings moved my mother from their home to an assisted living facility, and sold all of their possessions keeping every penny for themselves. They attempted to sell my father's $32,000.00 truck, and asked that I lie for them, and say that we all felt it was best, but, I refused. Then my brother refused to return it without my dad paying him $3,000.00 and even when my dad gave him the money, he told my dad to come to get it himself. My father realized that my brother was abusing his role as Power of Attorney, and revoked it on April 15, 2010. One month, and 2 days later my father suddenly passed due to severe sepsis. He had an obvious bilateral lower extremity staph infection, and although, they were place in a facility that was supposed to be for "their own safety," (according to my sibs,) the facility failed to recognize the urgency of his condition, and despite my concerns being expressed to the staff, they waited more than a week to get him to Kaiser. Then, he was sent home, when he should have been admitted, with no question. He collapsed a week later, and died only 2 weeks later. He was a victim of neglect, and I knew I had to remove my mother from that facility, after I filed a complaint with the CCL who cited them for unsanitary living conditions. I made 14 calls to APS, and with a statement I made to my brother in regards to his continuing to flash that POA around, knowing it had been revoked, needed to cease or I would obtain the letter of revocation from my father's belongings. I was assaulted at my father's funeral upon their finding out I reported them to APS for elder abuse, and guess what...he requested a Temporary restraining order based on totally false allegations, and instead of the judge taking a moment to say "hey, these are family members, who just lost their father and grandmother less than 2 weeks ago, so, there has to be more to this..." she grants the order ex parte! I was served at my place of employment which just so happens, to be, a home where I am a private caregiver to an 85 year old woman. It has been dismissed, but, the damage has been done. The twist of it is, that the things my brother accused me of, were true of him, and not of me. He claimed that I was stealing money, was cut off and became incensed..." When in fact, it was he who was stealing money, was cut-off (poa revoked) and became incensed (shut off parents phone and cancelled bankcard.) Even, the facility allowed themselves to be included in that restraining order. I had no power to help my mother during that time, and was forced to have to listen to her begging me to pick up my phone, (she had no clue what was going on, yet she was the entire reason for their requesting this in the first place.) No good deed goes unpunished, right? They have managed to collect all of my mother's benefits she was entitled to as the beneficiary of my father's and grandmother's estates. They stole goodness knows how much money, from 3/4 life insurance policies, my father's pension, 2 Citibank accounts, the valuable contents of a storage unit, and they even had no shame in asking for donations in lieu of flowers for my father. The courts have a "better safe than sorry," attitude about these restraining order requests, and could care less, about the rights of the alleged abuser. I had witnesses, letters, text msgs, and voicemails that supported my case, (even my mother came to testify on my behalf.) My brother could not even produce the voicemail described in his request as being "threatening," because it didn't exist. There is more to this story, which has disrupted my life, and those lives of other family members, and friends. Everyone who attempts to help my mother, is threatened with a restraining order from my siblings. They made a mockery of the courts, and made a fool out of Judge Tara Reilly, APS, Ombudsman, the San Bernardino County Sheriff's Department, the District Attorney's Office, Arrowhead Credit Union, and every other individual who has knowledge of their criminal actions, yet, has ignored it for six months. The effects the restraining order has had on my credibility, and my reputation are irreversible. I have been assaulted emotionally, psychologically, and financially as a result of the greedy, selfish, and arrogant behavior of my own brother and sister. They have insulted every true victim of domestic violence, by using the process to hide in plain sight, and commit their own abuse, on their own mother.