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can a bench warrant be issued for failure to appear for a TRO hearing?

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pixelatedpixie

Guest
Because this is what we were threatened with today when my sister, my father, and I drove to a hearing for a restraining order. The judge that usually hears the cases regarding my uncle (in the mental health courts - we have been trying to reverse a conservatorship for approx. 3 years now)was out ill, and the judge that was handling his cases thought it proper that, after leaving at 3:30 a.m. this morning to be there at 9 a.m. we wait an additional 2 hours to be told that our hearing would be moved forward a week. We had all already taken the day off of work and driven down, so we asked if we had to appear again, or whether filing the response was good enough. The court-appointed attorney for the conservator then said that if we didn't show, he would have bench warrants issued.

Is this an idle threat meant to intimidate us, or can this really happen?

Also, is the judge's refusal to hear the case a violation of our due process? It is extremely inconvenient to have to take another day off of work to go back down there, and we would have rather had the "new" judge hear our response to the order than the other judge, of whose morals we have serious doubts. I mean, how difficult is is to read an app. for a TRO, a response to the TRO, ask questions, and decide whether there has been harassment and whether a permanent order be be issued?

Forgive me for ranting - I am extremely frustrated, and feel my civil rights have been stomped all over.

Thank you in advance for any help.
 



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