Legal Question in Family Law in California
Dismissal for Lack of Prosecution for CA Temporary Restraining Order
Hi. I filed a domestic battery report against my boyfriend in February. We've since then reconciled and started dating last month. However, yesterday we began to argue and he told me to leave and threatened me with the cops. He also mentioned he had filed a temporary restraining order against me. I never received any service of process nor know that anyone received it for me. I know it should have been served personally. I contacted the Sheriff's Dept and the Court Clerk's Office and was told that he indeed filed a restraining order against me but that he didn't show up to the hearing and it was dismissed for lack of prosecution. I'm very concerned about the entire matter because he believes i filed the police report maliciously and acts vengeful at every opportunity. I read the temporary restraining order application and know that I gave him no reason to file one against me. I'm a law student and worry that this will come up during my moral character and fitness review. i'm sure if i explain the circumstances it won't be an issue but i'd rather not even be in that situation.
2 Answers from Attorneys
Re: Dismissal for Lack of Prosecution for CA Temporary Restraining Order
Almost the exact thing happened to me when I was in law school. Because the case was dismissed, you need not report it on your moral character application.
Re: Dismissal for Lack of Prosecution for CA Temporary Restraining Order
You can't erase the fact that it was filed. But unless memory serves me incorrectly, in answering the questionnaire about your moral character, that isn't on there (of course that was 17 years ago for me so I suppose they have changed the forms, but for substantive bases, why?). He got it granted "ex parte," without notice to you (although he may have lied about notice) he didn't show up, it's over. I don't see why it would come up, but if you need peace of mind, get a complete copy of the court file for your records (only admissible in court if you pay the fee for certified copies).
Beyond that, you are a future lawyer for G__ sakes, have the sense to get your self out and away from this. Take a gander at domestic violence patterns on an internet search. You can't be in the right place.
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