Legal Question in Civil Litigation in California
Restraining order against 15 year old son
My son had a tussle with another kid.
He pushed him - no injury according
to the police report. Other kids
parents have filed for a restraining
order. On one section of the order it
asks for financial restitution of
around 1500 dollars for medical bills
and sleep therapy. Both kids are big
kids and the same age. Anyways,
my son admitted to the police that
he pushed the other kid. I dont have
the money to fight this restraining
order and because I know the conflict
is over and will not occur again I was
not planning on hiring an attorney.
The plantiff has since spent
thousands of dollars on an attorney
and is going as far as subpoena - ing
adminstrators from the school. I
must be missing something and
must be liable for much much more
for them to go to such lengths. Am i
missing something here? Is the
plantiff entitled to more $$ than
what was indicated on the petition?
Is this some type of legal strategy to
file an another suit in the future?
5 Answers from Attorneys
Re: Restraining order against 15 year old son
You've hit the nail on the head. If you have homeowners' or renters' insurance, tender the claim for indemnity and defense.
Re: Restraining order against 15 year old son
Sounds like there is enough risk of further action that you would be well advised to seek legal counsel. Tell your attorney about your budgeting needs. Also, find out if there is a VORP (Victim Offender Reconcilliation Program) in your community. This is where a mediator works with both families to de-escalate the apparent anger of the other family and find a way to avoid litigation and make things right again. Since the other family's actions are most likely fueled by anger, this is worth a shot to "unplug" what is going on.
Re: Restraining order against 15 year old son
The plaintiff will get whatever the court will award. Asking us what to expect is doing you no good; it's the judge's opinion that counts. Change your plans about not hiring an attorney to fight this, or suffer the consequences. They're taking it seriously, so should you. If you have homeowners insurance, contact them immediately to see if they will provide defense, for the TRO and for the lawsuit for damages they could file.
Re: Restraining order against 15 year old son
The plaintiff will get whatever the court will award. Asking us what to expect is doing you no good; it's the judge's opinion that counts. Change your plans about not hiring an attorney to fight this, or suffer the consequences. They're taking it seriously, so should you. If you have homeowners insurance, contact them immediately to see if they will provide defense, for the TRO and for the lawsuit for damages they could file against your son and you.
Re: Restraining order against 15 year old son
The plaintiff is seeking a permanent restraining order but, for the moment, probably has only a temporary restraining order (TRO). To make the restraining order permanent, the plaintiff will have to prove to the court that the circumstances justify such an order. That means putting on evidence supporting the allegations in the petition.
If the evidence he wants to present includes the testimony of third parties like school administrators, then those third parties must be subpoenaed. If the plaintiff does not subpoena these witnesses and they choose not to come to court, the plaintiff may be unable to prove his case and might lose for that reason. The subpoenas are just a normal part of the process.
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