How should I respond to a restraining order in California? 5 Answers as of November 15, 2010

My ex claims that she is going to the self-help center at the courthouse to file a domestic violence civil restraining order. We broke up about a month ago and she claims that I have been stalking her, which is completely ludicrous. How do I respond? And do they grant these things easily, even if there has been absolutely no violence or anything like that?

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Anyone can go to the courthouse and fill out the paperwork to obtain a temporary restraining order. The applicant is always given the benefit of the doubt and the temporary order is granted. You will be notified that this has taken place and you will be given a future court date to fight it if you want.

If you do not show up for the court date, you will lose by default, the TRO will become permanent and will be granted for a period of three years. If you do show up to fight it, you will be granted a hearing and allowed to present testimony and evidence. You will not be provided an attorney but you may hire one.

Based on what you've written of your situation, you may be faced with a he said/she said situation and the judge will simply have to assess who is more credible. Any independent evidence or witnesses you can provide will obviously be helpful to sway the judge that you are the one telling the truth.

Good luck!
Answer Applies to: California
Replied: 11/15/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
By timely filing Opposition pleadings and appearing at the hearing to testify. They are granted easily as long as the court believes there is a need for one to keep the peace. Your burden is high, to show the allegations are false, and it is unnecessary. If serious about hiring counsel for this feel free to contact me. Keep in mind that a RO is in some ways like a felony conviction on your record when it comes to employment, and it means a loss of your firearms rights, if that is important to you.
Answer Applies to: California
Replied: 11/13/2010
Law Office of Joseph Galasso
Law Office of Joseph Galasso | Joseph Galasso
You should respond by filing an answer. You can easily find all the needed documentation and rules on the internet. The judge will consider both what your ex-girlfriend claims and what you say in the answer. They are not easily granted. However, if you do not respond then it is an easy call for the judge.
Answer Applies to: California
Replied: 11/13/2010
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
Are there kids? If there are kids involved (which a stay-away order would effect), you should probably hire a lawyer.

Otherwise, she will probably get a "temporary restraining order" and request a hearing. Read the papers she files. You will want to show, through your testimony and that of anyone else, that you are not harasaing her, threatening her or violent.

If a restraining order is issued after the hearing, read it carefully and comply with it. You can be charged with a criminal offense if you violate it!
Answer Applies to: California
Replied: 11/13/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Generally, courts grant temporary restraining orders pretty easily...but there is a more detailed Court hearing(s) to determine if longer or more permanent orders will be given by the Court. You can fight this claim. Hiring an attorney experienced in these matters is usually a good idea.
Answer Applies to: California
Replied: 11/12/2010
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