Legal Question in Family Law in California
I had a restraining order that lasted for 7 days and when it expired I went to my husband's house to see my son but on the gate I saw another restraining order saying an extension for 30 days. My question is: Is it right to have an extension of the restraining order even I didn't violate the past RO? also I didn't get a copy of the RO before hand.
1 Answer from Attorneys
It sounds like you are talking about temporary restraining orders which get granted very easily and quickly. You will need to go to court to discuss that you were never served and ask that you be served the orders so you know what they are. I suspect that you have yet to have a hearing on the permanent restraining order yet. At that hearing the court will listen to the parties to determine if a permanent restraining order should grant or not. If it does then the permanent will supersede the temporary restraining order.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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