Legal Question in Criminal Law in California
restraining order against me.
Can a person file for a restraing order
again in another city once it has been
denied by a judge for lack of evidence ?
And can the judge in the new city approve
it? Cause it happened to me. And it was
all hear say from an 8 year old chiild. who
was the witness. Although I never meet or
spoke to the petitioner in person.
2 Answers from Attorneys
Re: restraining order against me.
The short answer is yes - a request for a restraining order (I assume you're talking about a civil harassment restraining order) can be filed in any city within the county.
There is a specific place on the CH-100 form (the person's application for a restraining order) where they must disclose if there has been a previous request for a restraining order. (It's section 14.) An application for a restraining order is made under penalty of perjury, so if it wasn't disclosed to the latest judge, it may give you a reason to fight the restraining order. Of course, nothing prohibits a person for requesting a restraining order after a denial if they have additional evidence. They must disclose the prior application though.
Re: restraining order against me.
"Can they"? Yes, obviously they had the capability and did.
Should they? Different question. If you were served with the notice of the 2nd one as required, you should have raised that issue at the hearing, otherwise you waived it. IF you weren't served and had no notice and didn't go to the hearing, then you might consider filing a motion to set aside your default and the RO, as long as you also have legitimate grounds to defend against the RO. If serious about doing so, feel free to contact me.
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