Legal Question in Family Law in California

Restraining Order On Out Of Coutnry US Citizen

My brother was visiting me from South Korea, and he also wanted to see my neurotic sister in California. One night he trespassed her apartment property to see her, but she called the police her in a locked bathroom pretending he threatened. He was escorted out by the police and released right out side her apartment because police didn't see the need to lock him up. Now, my brother lives in South Korea, and my sister has filed the temporary restraining order which was extended one more month because she didn't file the proof of service by mail when she sent the court order to him in South Korea. I am very sure she would serve the order to him again properly even though he is in South Korea. Would the court grant a permanent restraining order if my brother defaults on the hearing in California? What do you recommend he does? Can I defend him against my sister if he gives me (I am not a lawyer) the power of attorney without him being at the court? Can he hire a lawyer in California while he stays in South Korea? I and my brother do not want to have a bad public record.


Asked on 6/16/03, 6:50 pm

1 Answer from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Restraining Order On Out Of Coutnry US Citizen

Only a lawyer can represent your brother in court. The Court might not know that he is out of the country and may issue a restrainiing order based upon what your isster write in her declaration.

I suggest that your brother consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 6/16/03, 7:02 pm


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