Restraining order and criminal defense

TRO/RESTRAING ORDER HEARING

If the petitioner show up to the hearing and tells the judge that they want to dissmiss the TRO but wants the respondent to be ordered to go to domestic violents classes, what will a CA. civil domestic violent judge do? The respondent was never served the TRO papers and is not appearing in court for the hearing. No one was arrested or charged with any crime, just he said she said civil case in CA.

Nathan’s Answer

Judges can enter personal conduct, stay-away and/or attendance at classes (52 week standard) along with other orders. If petitioner shows up at hearing, judge can do any and all of the above, or nothing at all. It is best for respondent to acquire counsel to mediate prior to hearing and/or represent respondent at hearing with respondent present so judge can take a look. Judge may find papers were served even if you as asker have concluded they were not served.

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