Question: Domestic Restraining Order

[WendyAC]

What is the name of your state (only U.S. law)? California

I got a temporary restraining order on my ex husband for harrassment and fear. Mind you ex lives in Texas but has visitation with his daughter one weekend monthly. I had gone back on the court date for the hearing and the respondent didn't show up but was on the phone for the judge. He wanted to request an extension as he said he's having problems finding a lawyer. The judge gave the extension. I go back to court Nov. 6th. The judge explained it was impairative that he show up on that date as this can effect his visitation etc. with his daughter. My question is this......What happens if he doesn't show up? Can I get the restraining order more permanent? Does it look bad that he is not there? What can I expect? Do I need a lawyer?

[Hisbabygirl77]

Originally Posted by WendyAC

What is the name of your state (only U.S. law)? California

I got a temporary restraining order on my ex husband for harrassment and fear. Mind you ex lives in Texas but has visitation with his daughter one weekend monthly. I had gone back on the court date for the hearing and the respondent didn't show up but was on the phone for the judge. He wanted to request an extension as he said he's having problems finding a lawyer. The judge gave the extension. I go back to court Nov. 6th. The judge explained it was impairative that he show up on that date as this can effect his visitation etc. with his daughter. My question is this......What happens if he doesn't show up? Can I get the restraining order more permanent? Does it look bad that he is not there? What can I expect? Do I need a lawyer?

Ok are we just talking about court for the RO here? Or did you also have court for visitation?

[WendyAC]

Just the Court for RO

[Hisbabygirl77]

Originally Posted by WendyAC

Just the Court for RO

Its hard to say what a judge may do. Even harder when we dont have the details of what you mean by harrasment and fear. When a judge issues a warning that they need to be to court though well if your ex doesnt heed that warning it is definetly going to work in your favor. If you have any proof of the harrasment I would encourage you to make sure that you bring it with you and dont just count on your ex not showing.

[CdwJava]

If he does NOT show there is a great chance the court will grant the RO as a permanent order (usually three years). If he does show you will have to demonstrate why you fear for your safety and the safety of your children as a result.

- Carl