Legal Question in Civil Litigation in California
I went to court yesterday because i had a hearing having been served with a restraining order by one person. the judge dismissed my case but asked if i was aware that another order had been filed against me by a second person. my answer was that i did not know about the second order. my question to you is why did the judge have a second order in his hands without me being aware of it ??
5 Answers from Attorneys
The answer is simple, restraining order papers have to be filed before they can be served on you, so copies are in the court's file before you get them.
Either the judge checked the index, or the party who filed the restraining order referenced the other case, or someone filed a notice of related cases.
Additionally, there are circumstances when notice is not required, upon showing of good cause.
If law enforcement runs a check, temporary restraining orders show up because they are registered with law enforcement as part of the process of obtaining a TRO. I bet that did not end well for you.
Related Questions & Answers
-
On Form Interrogatories, how liberally should the word "incident" be... Asked 11/15/10, 9:40 am in United States California General Civil Litigation