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?
2 Answers from Attorneys
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.
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.