Legal Question in Civil Litigation in California
A Restraining Order
My friend was just served today by a woman who filed a Restraining Order. Most all the claims are a lie but that is beside the point. The papers state that he is to be served at least 5 days before the hearing and the court date is on the 20th of this month. Today is the 17th. My friend called the court and they told him that he MUST appear or the order will be accepted. What can he do because he does not have enough time to gather information on his behalf? I truly believe that this was done on purpose so he would not have time to gather information. The person who filed the order knows that it is difficult for him to take the time off from his employer. I need some advice as soon as possible before he has to appear in court on Friday morning. This hearing is out of Riverside County Court. Please help!
2 Answers from Attorneys
Re: A Restraining Order
His best bet is to show up. If he has not had enough time to prepare a defense or to get evidence to defeat the claims in the papers, then he can explain that to the judge and request a continuance. He will want to explain to the court when the papers were served. If granted a continuance would move the hearing to anther day, giving him more time to prepare a defense. Keep in mind that the judge has the discretion to make a temporary order pending the upcoming hearing, if the judge feels that the Petitioner may be in real danger.
Please let us know if you need additional information.
Re: A Restraining Order
I would strongly urge your friend to attend the hearing and ask for a continuance. Your friend should tell the judge that he was just notified, that he disputes the allegations and will hire an attorney to contest the order or file a motion to terminate it in the event it issues.
We handle these types of cases in the Inland Empire so if your friend is serious about fighting this, have him contact us.
Best of Luck!
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