Legal Question in Civil Litigation in California

Re: TRO - non appearance

First of all, you made a huge mistake by not attending to defend yourself. Regardless of the "lies" the plaintiff might have told the court, you almost guaranteed that a restraining order would be issued against you by not defending yourself.

When someone files a petition for a civil harassment restraining order, the judge will typically issue a temporary restraining order that will remain in effect until the trial. After hearing evidence at trial, the court has the discretion to order a "permanent" injunction of up to 3 years. You will be prohibitted from owning any firearms and you will also be prohibitted from contacting the person who filed for the restraining order.

You post has conflicting information. First, you indicated that no restraining order was issues, but then the Court's website says that one WAS issued. You have 3 options to find out the terms of the order: (1) try to call the court; (2) go review the court's file; and (3) wait and do nothing and a process server will eventually serve you with a copy of the order.

You can also retain an attorney and try to have the order set aside, but you must obey the order until the court vacates the order.

Re: TRO - non appearance

I will have to agree with all of the previous replies to this topic. People who ignore any type of lawsuit do so at their own peril. Restraining orders have serious consequences, I know, because I had an ex obtain one against me while I was overseas stationed in the Persian Gulf. It took a lot of explaining and time before I was admitted to the bar and allowed to practice law.

Even if you cannot afford a lawyer, you should attend the hearing. You should really seek the advice of an attorney as soon as possible, and the recommendation that you immediately obtain a copy of the TRO is important, because you do not even want to inadvertently violate the order.

Very truly yours,

Re: TRO - non appearance

Dear TRO:

I have reviewed Mr. Starrett's reply to you. Read it again--you received good advice.

Violation of an issued [and served] restraining order is punishable by criminal charge pursuant to Penal Code Section 166 "violation of Court Order." It is imperative that you immediately get a copy of the issued restraining order, read it carefully and DO NOT VIOLATE. Each instance of violation, i.e., a phone call and getting "near" the person, by example, can cause a 5 day incarceration and you can be prosecuted!

Be careful, and for the rest of your future---NEVER NEVER choose to ignore legal matters. You should have opposed the orders!

Sincerely,

Mark Geyer

Re: TRO - non appearance

You will likely receive notice from the court. However, if a restraining order was in fact issued, you will undoubtedly be personally served with it. (In order to be effective, a restraining order must be personally served on the respondent -- i.e. you.)

The real question is why you ignored a trial. You need to find out exactly what happened and what orders, if any, were issued that affect your rights. This is easy, just go down to the courthouse and look at the file. Depending upon what order/judgment was issued in your absence, you may need to move quickly to seek the appropriate relief (which could include trying to set aside the order/judgment).

Things get complicated from here. You should seek the advice of an attorney.