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  1. #1
    Join Date
    Jun 2011
    Posts
    15

    Default Can I Subpoena Witnesses for a TRO Hearing

    My question involves restraining orders in the State of: California

    I filed and was granted a TRO against my ex-spouse for domestic violence, protecting me and my children, (granting me full-custody + stay away) until the hearing.

    I have two third party witnesses of domestic violence, one is a police officer.
    Do I need to subpoena both witnesses for my initial DV TRO hearing? Or is this something I request or setup after/during the DV Hearing? Or would it be better to do Depositions prior to hearing?

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Can I Subpoena Witnesses for a TRO Hearing

    Oftentimes, the police report and your discussion with the state's attorney is enough to issue an order of protection.

    Once the criminal charges are addressed, unless he wants to deny the allegations, you may not need the witnesses at all. The court will usually extend an offer(which normally includes the issuance of an order of protecdtion) to the defendant. If he takes it, he will be placed on probation, have an order of protection against him and be given conditions that he has to comply with.

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