Legal Question in Civil Litigation in California
re: restraining orders
Is the Law correct when it states, a court hearing on a Temporary restraining order musst take place within 15 days or not to esceed 22 days. if the time is not within that period. the court can go ahead an hear the order to show cause, and the restraining order is expired due to time limits.
2 Answers from Attorneys
Re: re: restraining orders
When the temporary restraining order is signed by the judge a hearing date is set. The temporary restraining order expires on that date. If the restrained party is properly served, the court will conduct a hearing on that date. If the restrained party does not appear then the restraining order will be issued. If the restrained party is not served the court may reissue the restraining order and set a new hearing date.
Re: re: restraining orders
I am not sure I understand the question, but the court always has the hearing within the time limits. If the party asking for the order does not show up to the hearing, then then the temp. rest. order expires.