Legal Question in Civil Litigation in California

an RO

I was served with an restraining order that expires in November 2007 - what legal recourse do I have being that I was unable to go to the hearing and the RO was granted.

Any help would be appreciated.


Asked on 11/21/05, 11:48 pm

1 Answer from Attorneys

MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: an RO

Under the law, you have a time period, not to exceed 180 days, to attempt to set aside any decree or order. Your "reasons" or legal grounds must be such that the Court is convinced that it couldn't be helped that you did not attend the hearing, and that you have a case that merits a defense as well. You need to file a "motion" in the proper format ASAP. That requires preparing legal papers and properly filing and serving them on the other side.

The RO will remain inforce throughout this process.

Since I do not have any information as to the basis of the RO, you may not be materially affected if there is no violation of the RO. NOTE that a violation of RO can be charged as criminal conduct for violating a Court Order. Therefore, think carefully, and think about engaging an attorney to protect your rights.

Sincerely,

Mark Geyer

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Answered on 11/23/05, 10:50 am


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