Legal Question in Family Law in California

I filed a restraining order after an EPO was filed. Before the hearing, I dismissed the case. It's now listed as "dismissed without prejudice". Can I go back and file for another hearing on this? What is the statute of limitations? This was against my husband, whom I am now divorcing and having custody issues.

Thank you


Asked on 3/06/10, 9:31 am

1 Answer from Attorneys
Cristin Lowe Law Office of Cristin M. Lowe

Without prejudice means that you have the ability to re-file a request for a restraining order at any time--there is no statute of limitations on restraining orders. That being said, you will need to re-apply and fill out the same paperwork again, stating incidents of harassment/violence that have occurred since your last filing. You basically need to show that there is a current need for a restraining order. Good luck!

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Answered on 3/11/10, 10:09 am


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