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  1. #1
    Join Date
    Jul 2017
    Posts
    14

    Default What Happens at a Hearing for a California Restraining Order

    My question involves restraining orders in the State of: California

    What exactly happens in a hearing for a restraining order? I have a TRO, next week is a hearing for a "permanent" RO. I am not sure what to expect. I am the plaintiff. I have a narrative written out because I am easily flustered. The whole saga is a bit long, but my writing is concise with dates and documentation. I am just not sure what to expect - as in will I just be asked why I'm there and then be given the opportunity to read through what has transpired? Or will the judge as specific questions first? He will have an attorney, I will not. I am also concerned about the possibility of having to pay his legal fees.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,616

    Default Re: What Happens at a Hearing for a California Restraining Order

    My guess is that the judge will start by asking you why you want the RO.

    If you have prepared your reasons in a written narrative with documentation I suggest you bring duplicates. Hand one to the judge and one to your opponent's lawyer and then start reading your narrative aloud. Keep reading it into the record until you are finished or the judge says otherwise.

    Make sure your documentation is really documentation, like medical records and photos of injuries. If you have witnesses to any physical abuse or assaults bring them to court to testify in person.

    You might get more helpful comments if you would say who you want the RO against and why.

  3. #3
    Join Date
    Jul 2017
    Posts
    14

    Default Re: What Happens at a Hearing for a California Restraining Order

    Thanks - it is a stalker hence keeping it very vague :-)

    Basically it was an acquaintance who was a but infatuated with me. He started getting very clingy and stalkerish. Repeatedly told him I was uncomfortable. Found out he was married with two kids. Had lied about some other big things. He comes across as socially awkward. After I asked him to back off and cut off contact he would just be there on the street on my way to work, in his car on my way out of work, around my car every time I was at a a particular place. It was too coincidental. Then I found a tracker on my car. Can't prove it was him but he is the only one who keeps showing up. Have tons of emails of email where he admits his behavior was pestering and sneaky.

    I have duplicates. Have the mails highlighting specific passages. Have the police report re the tracker.

    Hoping the judge takes it seriously.

  4. #4
    Join Date
    Jul 2017
    Posts
    14

    Default Re: What Happens at a Hearing for a California Restraining Order

    Odd outcome. Went to court and he got a continuance so his lawyer could attend. OK. Finally the day came. I was prepared with my statement and a lot of documentation. He was there, his lawyer was there...and they stipulated to the order. What? Why have a lawyer if you are just going to say ok I agree. To be honest, to get the TRO I did not have much information in the document submitted to obtain the TRO so he had no idea what I was going to show up with.

    Side note - he is out on bail for some theft charges. Could that have something to do with it? Would a restraining order granted by a judge have an impact on his theft case that stipulating to it wouldn't? Perhaps did they not want everything in the record?

    Morbid curiosity more than anything - I guess I am just wondering strategy - and I have to say, I wanted to be successful on the merits of the case.

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