“I Was Served With A Temporary Restraining Order: What Now?”
When a temporary restraining order is issued by a judge, you must be personally served with a copy of the temporary order as well as a notice of a hearing date. The temporary orders last only until the hearing date, when the judge will hear evidence and make a decision on whether or not to issue a longer order.
As you wait for your hearing date, there are several things you should do:
1. Talk to an attorney about criminal case filings: If a criminal case has been filed against you for events that led to the restraining order, you need to speak with your defense attorney about whether or not you can testify in the restraining order case. Your testimony in the restraining order will be under oath, and can be used then in the criminal case. Your defense attorney may instruction you not to testify, and to request that the hearing be continued until after the criminal case is resolved.
2. File a Response: You are not required to file a response to the restraining order, and in some cases you will want to avoid doing so (generally having to do with a pending criminal case) but in most cases you will want to file a written response to the accusations so that the judge has a general idea of your side of the story before he or she hears the case. If you have evidence you want to present, that can be attached as well.
3. Gather Evidence: you want to have printed copies of any pictures, text messages, e-mails, or any other evidence you might want to show the judge. Preserve this as soon as possible.
4. Subpoenas: You do have a right to subpoena witnesses and evidence. You may need an attorney to help with this.
5. Hire an attorney: You also have the right to hire an attorney to defend you in the restraining order hearing. You want to do so immediately in these cases as the timelines are very short, but often judges will allow you one continuance of the hearing date to allow you to obtain counsel. The court cannot appoint an attorney for you, and you will need to hire one privately.
DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.
NOTICE: This blog and all materials on our website constitute advertisement materials, and the promulgation of such materials is meant of the residents of the State of California only. The attorneys and this firm to not practice law in any other state. In addition, the promulgation of these articles does not in any way create an attorney-client relationship and any inquiries and information you may send to the attorneys should be general and not specific, as it is not confidential.
“I Was Served With A Temporary Restraining Order: What Now?”
When a temporary restraining order is issued by a judge, you must be personally served with a copy of the temporary order as well as a notice of a hearing date. The temporary orders last only until the hearing date, when the judge will hear evidence and make a decision on whether or not to issue a longer order.
As you wait for your hearing date, there are several things you should do:
1. Talk to an attorney about criminal case filings: If a criminal case has been filed against you for events that led to the restraining order, you need to speak with your defense attorney about whether or not you can testify in the restraining order case. Your testimony in the restraining order will be under oath, and can be used then in the criminal case. Your defense attorney may instruction you not to testify, and to request that the hearing be continued until after the criminal case is resolved.
2. File a Response: You are not required to file a response to the restraining order, and in some cases you will want to avoid doing so (generally having to do with a pending criminal case) but in most cases you will want to file a written response to the accusations so that the judge has a general idea of your side of the story before he or she hears the case. If you have evidence you want to present, that can be attached as well.
3. Gather Evidence: you want to have printed copies of any pictures, text messages, e-mails, or any other evidence you might want to show the judge. Preserve this as soon as possible.
4. Subpoenas: You do have a right to subpoena witnesses and evidence. You may need an attorney to help with this.
5. Hire an attorney: You also have the right to hire an attorney to defend you in the restraining order hearing. You want to do so immediately in these cases as the timelines are very short, but often judges will allow you one continuance of the hearing date to allow you to obtain counsel. The court cannot appoint an attorney for you, and you will need to hire one privately.
DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.
NOTICE: This blog and all materials on our website constitute advertisement materials, and the promulgation of such materials is meant of the residents of the State of California only. The attorneys and this firm to not practice law in any other state. In addition, the promulgation of these articles does not in any way create an attorney-client relationship and any inquiries and information you may send to the attorneys should be general and not specific, as it is not confidential.
“I Was Served With A Temporary Restraining Order: What Now?”
When a temporary restraining order is issued by a judge, you must be personally served with a copy of the temporary order as well as a notice of a hearing date. The temporary orders last only until the hearing date, when the judge will hear evidence and make a decision on whether or not to issue a longer order.
As you wait for your hearing date, there are several things you should do:
1. Talk to an attorney about criminal case filings: If a criminal case has been filed against you for events that led to the restraining order, you need to speak with your defense attorney about whether or not you can testify in the restraining order case. Your testimony in the restraining order will be under oath, and can be used then in the criminal case. Your defense attorney may instruction you not to testify, and to request that the hearing be continued until after the criminal case is resolved.
2. File a Response: You are not required to file a response to the restraining order, and in some cases you will want to avoid doing so (generally having to do with a pending criminal case) but in most cases you will want to file a written response to the accusations so that the judge has a general idea of your side of the story before he or she hears the case. If you have evidence you want to present, that can be attached as well.
3. Gather Evidence: you want to have printed copies of any pictures, text messages, e-mails, or any other evidence you might want to show the judge. Preserve this as soon as possible.
4. Subpoenas: You do have a right to subpoena witnesses and evidence. You may need an attorney to help with this.
5. Hire an attorney: You also have the right to hire an attorney to defend you in the restraining order hearing. You want to do so immediately in these cases as the timelines are very short, but often judges will allow you one continuance of the hearing date to allow you to obtain counsel. The court cannot appoint an attorney for you, and you will need to hire one privately.
DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.
NOTICE: This blog and all materials on our website constitute advertisement materials, and the promulgation of such materials is meant of the residents of the State of California only. The attorneys and this firm to not practice law in any other state. In addition, the promulgation of these articles does not in any way create an attorney-client relationship and any inquiries and information you may send to the attorneys should be general and not specific, as it is not confidential.