Ex’s Lawyer Withdrew The Same Day I Told Him About A Fake Cease And Desist Letter Posted Online By His Client’s Girlfriend. Now I’m Filing To Vacate The Dvro & File Harassment Claim.
Location: California. Pro Se.
My ex got a DVRO against me, but the judge gave 3 years instead of 5, didn’t make me pay his attorney’s fees. I recieved it from hitting my rapist, classic DARVO.
His girlfriend has been posting about me online. She even made a video claiming I was violating the order, so I sent her a real cease and desist asking her to stop mentioning me. She replied saying she “never used my name.”
About a week later, a fake cease and desist appeared — sent to both her and my ex using my name and a real law firm’s letterhead. She didn’t post about it until a month later, claiming I sent it and that police were called. There’s no record of any police report. She now has posted my legal name on the same account she used to make those false claims. Defamation right?
When I discovered it, I emailed my ex’s lawyer at noon to inform him the document was fake. I also called the policeand contacted the actual law firm whose header was used to confirm it was fraudulent. That same day, by 5 p.m., his lawyer withdrew from the case by letter mailed to both me and his client.
My ex also testified that some of his “evidence” came from his girlfriend’s friend, but he couldn’t even name who that was. In my motion to vacate, I plan to ask the court to compel him to identify everyone involved in creating or distributing those fake exhibits.
Given the timeline …..his girlfriend’s posts, the fake letter, and his lawyer’s same-day withdrawal — does this support a claim of fraud or harassment, and can I use it in my motion to vacate?
My main questions are:
- Since his lawyer withdrew the same day I reported the fake document, can that be used as circumstantial evidence of fraud or concealment?
- Is there a way to subpoena or compel my ex to identify his girlfriend and her role in submitting or distributing fake evidence?
- Would the girlfriend’s posts (accusing me of crimes, using my legal name, and sharing a falsified legal document) qualify as defamation or harassment under California law or New York law?(She lives in New York)
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