Legal Question in Family Law in California
Restaining Order dilemma
My uncle cheated and has come clean about it. The person involved will not stop harrassing family members. She has threatened to send people to his work. A restraining order was to take place through court but she didnt show. We have to wait? cant it be filed and her notified through marshal?
1 Answer from Attorneys
Re: Restaining Order dilemma
You need to retain an attorney to assist you in this matter. The procedure is to prepare a request for a temporary restraining order and a hearing date for a restraining order. The temporary restraining order and the notice of hearing are served on her by a process server or the sheriff. If she does not appear on the date for the hearing then you should receive the restraining order for a period up to 5 years. If she appears in court then there will be a hearing to determine whether or not the restraining order will be issued.
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