Legal Question in Civil Litigation in California
How to Nullifu a Restraining Order
A year ago, a man whom I had never met filed a civil harrassment suit against me and won. Later, the court ammended the order but I did not find out about this modification until very recently. The RO that was granted is unjust, it is being used to chill my right to free speech, is being used as a weapon against me, and is just flat out wrong. Is there any way to get this RO to be taken off now??
2 Answers from Attorneys
Re: How to Nullifu a Restraining Order
I had a real estate case once where my client, who was a building contractor, had a competitor who obtained restraining orders against all of his agents that would go to prospective job sites to make bids on construction work. Needless to say, his competitor was able to shut down his business using these restraining orders.
I'm not sure what kind of restraining order you are subject to, and how it is being used to chill your free speech. There are different kinds of restraining orders, for example, domestic violence, civil harassment, and the kind filed by an employer to prevent workplace harassment.
Did you attend the hearing on the TRO? Technically, the TRO is the temporary restraining order issued ex parte, and after you appear, it becomes an injunction.
I would need more factual detail to tell you how to either vacate or appeal from the restraining order.
Very truly yours,
Re: How to Nullifu a Restraining Order
You had opportunity to present your defenses and objections at the hearing on the RO, and at the hearing on the amendment. IF you can convince the court you did not receive notice of the hearings, then you could file motions to set aside the court's order and have a new hearing on it. You also could file motions to remove the RO if you could convince the court they were absolutely not necessary. If you want to try, feel free to contact me.