Legal Question in Personal Injury in California
Restraining order/civil suit
I just got a TRO The situation is this-I want to take care of the property damage that occured. I was hit in the face for not giving my ex the keys to my car. We were splitting up but the car was still in his name I paid him for the car total of 13,000 in one months time The police took him away the next day I went to dealer to trade in on another car but needed ex to sign over he refused I bought a new car and left the one I just paid for at the dealer for him to pick up.On the TRO item 15 it states property damage if this is checked does the judge address this at the hearing? Or do I have to do something else like file a civil lawsuit?
2 Answers from Attorneys
Re: Restraining order/civil suit
I'm not sure where the property damage occurred. . . It sounds like you gave him a loan, and this would most likely not be dealt with by the Family Law Judge. . .
Re: Restraining order/civil suit
Generally, a TRO can be a quasi-criminal proceeding. If there is a police report for the judge to review that indicates who caused the damage, he/she will usually order payment for the damages at the hearing. If this is part of a divorce proceeding and the property was his separate property, the damage will be balanced by the division of community property.