Legal Question in Criminal Law in California

If a temporary restraining order is granted in the state of california and the order states that a vehicle must be surrendered to the party requesting the order, how long do you have to relinquish the vehicle? I had not been served and was told by the police department that I would be in violation if I did not bring the vehicle within the hour to give it to my partner.


Asked on 8/13/12, 5:01 pm

1 Answer from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

this is not a criminal law question ... I'd post in civil section. If you are being prosecuted, that is where "we" can help.

Some attorneys in this section may also practice civil, but I do not. I'd post in Civil to get the best answers.

General legal knowledge tells me to assume any court order needs to be explicit as to its terms - this isn't something you should have to guess or wonder about, whether it's an hour, a week or a month.

It should be spelled out in the order with which you are served. An hour doesn't sound reasonable, however, if that is what it says - i.e., you must obey within an hour of being served with it, then I'd make every effort to do what the order tells you (once you see it.) Good luck!

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Answered on 8/14/12, 9:37 am


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