Legal Question in Civil Litigation in California
temporary restraing order
i was issued a temporay restraing order from a former neighbor that no longer lives in my neighborhood, how or what information do i need to take with me to court, she falsely accused me. do i need a lawyer?
3 Answers from Attorneys
Re: temporary restraing order
Tell the court the neighbor's moved and there's no likelihood you'll run into each other ever again, so there's no need for a permanent injunction. Also, of course, explain your defenses, and bring witnesses to your interactions, if any. Good luck.
Re: temporary restraing order
There is a response form that you should have received along with the TRO that you should fill out and file with the court prior to the hearing. In addition to explaining that the neighbor has moved, you should respond in detail to the allegations made against you.
It has been my experience that these matters are decidely mostly on the basis of the declarations filed with the court. While bringing witnesses is important, I think submitting declarations before the hearing is even more important because the judge may have limits on how much time he or she an devote to live testimony. And most importantly, you need to show up to the hearing.
You don't "need" an attorney, but you would be well advised to get one.
Re: temporary restraing order
If a permanent restraining order is issued, you could be prevented from owning any guns and from obtaining certain jobs. It will definitely be a premanent blot on your record. You could also be sued for money damages if the Restraining order is granted. I would recommend you hire an attorney expreienced in this area of the law to represent you, and not try to do it yourself.