Legal Question in Criminal Law in California
Do I have to be notified if the person asking for protection hires a lawyer. I got a TRO and no lawyer is on the TRO so can I assume there wont be one at court? I dont want to hire a lawyer unless the one asking for protection hires one. But i dont want to be surprised when i show up to court.
3 Answers from Attorneys
You really don't want to lose this one: whether the other party did or didn't hire a lawyer, make sure you have one. The real surprise will be when the restraining order is granted, and you are arrested for being accused of violating it.
They don't have to notify you in advance. The person to be restrained can show up at the hearing with his lawyer for the first time.
You can't 'assume' anything. People are entitled to bring counsel to court anytime they want. Take the request seriously, as the effect of a RO is in many ways like having a felony conviction. You'll lose firearms rights, and it will be on your 'record' forever. If serious about hiring counsel to fight it, feel free to contact me.