How do I know if the judge's restraining order ruling is binding? 4 Answers as of December 07, 2011

This is regarding a Deceptive Libelous slanderous Restraining Order complaint. If a hearing is held and the judge issues a three year restraining order but the complaint in the official court file was never signed by the plaintiff nor his attorney 1) is there a complaint?, 2) is the judge's ruling binding?

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Law Office of Eric Sterkenburg | Eric Sterkenburg

At restraining orders hearing if the person asking for the order is there and testified then the judge can rule on the order and it if valid. If the person that the restraining order is against did not receive proper and legal service of the hearing then the order is not valid. The person that the order is against has to have proper notice of the hearing for the hearing to be valid.

Answer Applies to: California

Replied: 12/7/2011

Law Office of Edward J. Blum | Edward J. Blum

If there's an order, it's binding until you get it set aside.

Answer Applies to: California

Replied: 12/7/2011

Hammerschmidt Broughton Law | Mark A. Broughton

I need more information. What kind of complaint or restraining order are you talking about? Under what Code section? How did it originate? I will say this, however: If the judge issues a restraining order and you are served with it (this can be done in court, and often is served at the time it is issued), it is "binding" on you. There are other remedies you can pursue, but you will need to consult with the appropriate attorney (criminal or civil/family law), depending on the type of restraining order it is.

Answer Applies to: California

Replied: 12/7/2011