How much advanced notice must be given to appear at a court hearing? 3 Answers as of April 11, 2011

I was notified by telephone to be at an ex-parte hearing in 45 minutes. I had a commitment that was vital to my business and could not attend the hearing. As a result, my girlfriend, who is under a restraining order, got the order amended to say I have to vacate my residence! I was given no explanation. What can I do to get back in the home that I own?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You hire an attorney who can attack the lack of notice. This is not a time to pinch pennies. Realistically, courts tend to take her word or it.
Answer Applies to: California
Replied: 4/11/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
In civil matters, generally a days notice of ex parte is required. But if what you have described is the issuance of a Temporary Restraining Order, it can be done without notice to you. They then have to personally serve you with that court issued TRO paperwork and the formal Notice of hearing on the Permanent RO, well in advance of the hearing.

Since the other side got the TRO issued, your remedy is to file appropriate opposition to the RO and attend the hearing. Theoretically, you could file and serve your own ExParte motion to set aside her TRO, if you have sufficient legally admissible evidence to prove to the judge the TRO was issued on false grounds.

Time is of the essence in doing this. If serious about hiring counsel to help you, feel free to contact me.
Answer Applies to: California
Replied: 4/8/2011
The Law Offices of Victor J Mazzaraco
The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
Something is fishy with the story you relate. First, be absolutely sure no letters were received at your residence and you overlooked them - I've done that myself. I don't mean to be rude or insulting, so please don't take my response that way. It's just that courts don't conduct business like that - "Be here in 45 minutes, or else..." If that is truly what happened, you'll be able to get the matter re-opened due to lack of proper notice...Check with the court - if they say they sent notice to your address, have you changed your address recently? You have to notify them if you do...If you haven't, ask the court for a copy of thre notice it f it can deliver one to you, you blew it. If it can't, that's proof you didn't have proper notice and grounds to have the matter reset for a hearing.
Answer Applies to: California
Replied: 4/8/2011
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