Legal Question in Civil Litigation in California

Can I file a new request for TRO on the same day I request a waiver of a scheduled hearing for TRO since I found out it was denied because I failed to list all the abuse?


Asked on 1/14/11, 11:31 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Hire a lawyer to go to the noticed hearing, or maybe to redo the papers from the get-go, and maybe you'll be successful. Don't just do another TRO.

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Answered on 1/19/11, 11:48 pm
Isi Mataele 'Isi Mataele Attorney at Law

Usually you need "new facts" not just facts you failed to mention. If that were the case people would simply withhold facts to allow them to refile.

You're best strategy would be to have new occurrences and then include all the past ones as well. I have seen dozens of TROs hearings which were initially denied and never have I seen it granted if it were denied on an ex parte basis. If there is an underlying family law case, it will weaken that case.

I suggest waiting to redo it because you're chances are pretty slim that if it was not enough on an ex parte that you will get it on a noticed hearing.

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Answered on 1/20/11, 12:02 am


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