jeudi 21 février 2019

Termination: Can I Petition to Remove a Dismissed Dvtro from My Record

My question involves restraining orders in the State of: California

Synopsis, followed by a question:

Almost eight years ago, I was separated from my wife of a long marriage. After a year of trying to work things out, I thought the best thing would be to move back and prove to her our marriage could work. She protested, wanting me to stay living across town, but still to be able to use my credit card, manage the checkbooks and live in the house by herself. I told her the house is mine as well but not to worry — I will sleep in another bedroom but really want to make the marriage work.

Two days later, without warning, I was served with a DVTRO (domestic violence temporary restraining order). I was shocked/speechless — there was no need for this! Her written explanation was odd, delusional and full of all kinds of rambling religious references. There was no mention of violence at all — simply claims that I am being “abusive” (the catch-all term if there ever was one), and she was terribly afraid of me. It was obvious she had become mentally and emotionally unstable. My attorney reviewed the paperwork and said not to worry. When the judge reviewed the DVTRO, it was summarily dismissed. There was no restraining order in place. Sadly, we divorced a year-and-a-half later and I thought that was the end of it.

Forward to today: I just researched my name in the online court index of the Superior Court of California, County of San Diego. The category FL40 dissolution was there, naming me as the plaintiff — okay, fine — but the dismissed FL90 DVTRO was there as well, naming me as the defendant. My obvious concern is that person/agency researching me could find me circumspect because they don’t know the full backstory, and suspect I am some kind of abusive creep?

The obvious question: is there any way to remove this DVTRO record?

PS: if you read this far, sorry if I was verbose — I tried to keep it short. Thank you very much. : )



Termination: Can I Petition to Remove a Dismissed Dvtro from My Record

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