How should I address my temporary restraining order? 2 Answers as of April 27, 2011

What if the defendant decides to not serve me with a response/answer to the TRO, but still shows up to court? Is there anything I should know regarding what they say or claim, etc, because I was not served with that information before trial?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Address? If you are the one seeking a RO, you have to put on and prove your case in court, based upon whatever your facts and pleadings claim. Youll deal with whatever the opposition files or says at court, by reading their pleadings and listening to their arguments, then explaining to the judge what justifies your request despite their arguments. The court will only help you to the extent of asking you questions to clarify the courts understanding of your claims. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 4/27/2011
California Criminal Defense Center
California Criminal Defense Center | Ardalon Fakhimi
First, it depends on what type of restraining order you are referring to. Is this a civil restraining order, a domestic violence restraining order, or a criminal protective order? Typically, the opposing party must file a response to your request for a restraining order. If he/she appears in court without having filed the response, and you do not feel prepared to proceed, you can notify the court that a response was not filed and/or served on you by the respondent. Ask the court to issue the restraining order. If the court denies this request, then ask the court to continue the matter. Each casinos different and you should consult with a lawyer before going to court. If you would like more information, please contact us.
Answer Applies to: California
Replied: 4/27/2011
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