Legal Question in Family Law in California

I have been served a Temporary Restraining Order. Do I HAVE to appear at the hearing?


Asked on 6/27/16, 2:34 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Not if you agree with it. If you fail to appear in person or a licensed attorney appearing for you, the requested order will be made permanent for up to five years and may result in it being entered into the CLETS, allowing law enforcement to arrest you for any violation, on the spot, as well as requiring you to surrender any firearms you may possess, and a number of other restrictions on you. In addition, it will create a presumption that you are not entitled to primary custody of any children you may have, including those from any other marriage or relationship, and a presumption in favor of supervised visitation. The list of restrictions goes on.

In short: I HIGHLY recommend you appear, preferably with an attorney.

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Answered on 6/27/16, 2:52 pm
John Molina Jr. Law Offices of John Molina

Yes, unless you don't mind having a court order that dictates where you can't be and with whom you cannot have any contact for a specified period of time. There are other consequences to having a restraining order on your record which you want to be informed about.

We can help of you need clarification on this specialized area.

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Answered on 6/27/16, 2:58 pm


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