Legal Question in Civil Litigation in California

Re: what is required for an ex-parte restraining order?

Usually restraining orders are issued because of threats to safety or great annoyance. The temporary restraining order only lasts a short time, and then the court will set a date for a hearing on a preliminary injunction at which you may attend and present your evidence that the allegations are false or a pretext for something else.

Re: what is required for an ex-parte restraining order?

I recommend you seek direct counsel of an attorney. Yes, they can ask for a temporary restraining order. They will have to appear within short period of time to prove it up and you to defend against it. It is not all that easily approved when both of you appear if you have proper records. Phone records will show who is calling who. Petitioner must prove such conduct is as they allege. If questions, please call. Don Holben 800-685-6950

Re: what is required for an ex-parte restraining order?

A restraining order is based upon the unreasonable harrassment of the victim by the defendant. Your phone records and their phone records will resolve the question of who is calling who. Be prepared for the hearing. You also may be able to "Discover" what their phone records contain before the hearing, i.e. demand for production of documents, subpoena deuces tecum, and interrogatories are the least expensive of the Discovery procedures. See California Code of Civil Procedure Sections 1985 et seq.

Re: what is required for an ex-parte restraining order?

You would have an opportunity to oppose the application for a restraining order, but typically they are granted upon request and difficult to defeat. The consequence to you of one being granted is that it will be on your 'criminal' record permanently, and you will lose your rights to ever buy a gun. If one has not been sought, you might consider hiring an attorney to contact these people and work out a private agreement to avoid them doing this to you.