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  1. #1
    Join Date
    Apr 2008
    Posts
    11

    Default How to Amend a Restraining Order Before It is Served

    In California
    I had filed for divorce in pro per a couple of months ago, with the help of a paralegal. I have not been to court yet nor received a response from my husband, although he states that he has responded, but I have never been served. Anyway, yesterday also with the help of the free workshop at the courthouse, I prepared and filed a restraining order against my husband, and it was completely approved by the judge. I have not turned it into the sheriff to have it served yet.
    I wanted to know if there was any way that I could also change the order to include spousal support and attorney fees, since I am disabled and my only source of income is SSDI. The workshop was great, but there wasn't much time to really fill out the form in order to get it filed in time. After coming home and rereading the whole packet, I want to and really need to include those 2 issues, as I do not have an attorney and have received no help or support from my husband.
    Does anyone know of anyway that I could do that, so when we go to court in 2 weeks, the judge could also order support?
    I am under a lot of stress since I want to get back to the court to turn it into the sheriffs office today, because my first concern is my safety and my family's safety, but I also know that if I go in there pro per and he walks in with an attorney, I will never be able to have the strength or energy to handle that.
    Thank you in advance for any help or advice!

  2. #2
    Join Date
    Apr 2006
    Location
    not sure
    Posts
    526

    Default Re: Uregent How to Amend a Restraining Order Before It is Served

    A restraining order does not address spousal support or attorney fees. The complaint for divorce you filed a couple of months ago would have addressed those issues.

  3. #3
    Join Date
    Apr 2008
    Posts
    11

    Default Re: Uregent How to Amend a Restraining Order Before It is Served

    Hello and thank you so much for responding to me so quickly.
    Yes, in Sac County there are specific boxes to check to have those 2 issues addressed at the hearing. It is numbers 10 and 16 on the DV100 form that was also provided to me. This is the form that I want to amend that is attached to TRO. And everything else on there was granted by the judge.
    Thank you!

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Uregent How to Amend a Restraining Order Before It is Served

    Quote Quoting RJM1234
    View Post
    Hello and thank you so much for responding to me so quickly.
    Yes, in Sac County there are specific boxes to check to have those 2 issues addressed at the hearing. It is numbers 10 and 16 on the DV100 form that was also provided to me. This is the form that I want to amend that is attached to TRO. And everything else on there was granted by the judge.
    Thank you!
    Although there is a place to request that on a TRO, you will really need to amend your divorce petition and ask for support through the divorce.

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