If you have been served papers containing false allegations, the papers will be delivered with instructions on how to respond. Read through the documents carefully as different documents may have different forms that need to be completed in response. 


It is always better to file a response than to appear in court unprepared. Not filing a response and not appearing in court will be grounds for the judge to award the other party everything they have requested. To make sure you have not "accidentally" not been served papers when a Proof of Service has been filed, make sure you stay on top of your case by following the steps outlined here.


Alameda County forms can be found on their site here, however, googling the particular form you need that was listed in the documents you were served may be easier than finding the forms on the court website. 


Response guidelines


Anytime you are filing with the court, it is important to make your document as clear and easy to read as possible. While your life hinges on this document, it will likely be reviewed by a judge that is inundated with cases and skims through it in 5 minutes with an "I've seen this before" or "All these cases are the same" attitude. 


Your response should be clear and objective. Write bullet points of key points and your specific requests. List factual evidence with specific times, dates, places, and people involved. 


Prepare to write your response

Remember that this is a response to allegations and not an opportunity to make allegations yourself or try to paint the other party negatively. The language used should be overly respectful as this document is addressing the court, not your ex or STBE. 


Follow an outline similar to the one below:

  • Background
    • The background should be a brief summary of your case history including when the case was initiated and occurrences that support the fabrication of these allegations. 
  • List of allegations
    • List the specific allegations contained in the documents you were served. These should be no more than 1 line each.
  • Response to allegations
    • Keep responses to each allegation brief and objective. Include dates, times, places, people and any documentation to support that the allegations are false. Also, include any lack of supporting evidence of the allegations here. 
  • Request to court
    • Request that the court recognizes that the allegations made against you are false, that there is no admissible evidence the allegations occurred because they did not happen and that the court note that false allegations were made against you.


After writing your response, have a friend or DwD review it for:

  • Clarity
  • Objectivity
  • Tone
  • Formatting
  • Readability 


When your response is finalized, you will need to file it with the court and serve the other party. Refer to the document included with the papers you were served regarding timeframe to respond and serving your response to the other party. DwD recommends making 4 copies of the document before filing. More information on filing can be found here.


Be sure to bring the documents you were served, and a copy of your filed response to your hearing.