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  1. #1
    LosAngeles27 Guest

    Restraing order hearing.. Don't go to hearing if you don't want to see the person?

    What is the name of your state? California.

    So he filed a DV-110 against me. It's a A6122 Domestic Violance Restraining Order.

    Restraining order is not a criminal record, why should I go to restraining order hearing? anybody know if there are any negative effects of a restraining order?

    I have no time to go to a legal cilinic, I work two jobs to support my family and don't want to waste money on a attorney since I am not charged with anything. I don't want to talk to him either. I don't want to defend myself against his "clerk made up" declerations either.

    Screw Restraining Orders right? they have no criminal handicap from what I found over the internet. I have no intention of seing the person , we live in different cities, I don't want to travel either. Give me heads up before I burn these Hearing Papers.

    If I get charged for something in the future, I'll hire a lawyer off course, but at this point , I can't do anything about it, the court will grant the restraining order no matter what I say or do....
  2. #2
    rmet4nzkx is offline Senior Member
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    Is this for real?

    I don't know where on the internet you got information saying it isn't important to respond to a restraining order but it is a serious problem and your attitude seems to confirm that there may be more to what you are saying than just blaming it on a clerk making up a declaration. The case does become a part of public record and it's contents can be used as evidence in the future, so if you fail to answer the complaint then you will be estopped from it in the future if it is wrong. If this order is a premptive form of harassment it is even more important to address it. Here is a link to information on responding to restraining orders and you are also entitled to help from the domestic violence clinics and you can ask for a mutual restraining order as well. [url]http://www.courtinfo.ca.gov/selfhelp/protection/dv/restrained.htm[/url]

    Yes a restraining order is important whether you are the respondent or petitioner even if you have not been charged, there can be implications down the line especially if you default or tear up the papers you were served and it will cost you time and money.

    If you don't want to appear in person, then fill out the response papers ONLY if you agree to the orders as written, including any other orders already on the petition or that the judge might add, such as attendance of anger management classes, court costs, payment of bills, surrender of firearms etc. then, send it in and comply with the courts order which will become effective usually for at least 3 years.

    This is also entered into a law enforcement system and will come up anytime they stop you for driving, check you, you report something to the police or if you violate in any way shape or form the order, which will include many other things than just personal contact.

    If you do not agree to that and I doubt you will, then you will still have to answer the questions, provide your side of the story and your evidence, witnesses. They have the burden of proof and that evidence should have been provided along with their petition, not every restraining is automatically granted that is why you get to respond and have a hearing. You have to return the response to the court and the petitioner by the dates on the order and return the response papers to the petitioner by mail with the proof of service by mail form provided, do not send it without that form and also filing that form with the court when you return the response.

    If you need more time, call the court and ask for a continuance they will tell you what form to file, remember if you are doing this by mail to allow time for that, it is best to go in person. You can usually get one continuance and best to appear to get it and so you can get a date you can make and that the petitioner can also make, this can be done during ex parte hours but may require some notice so follow the courts instruction, but often the restraining order calendars are often on a set day of the week so that may mean taking a vacation or day off, most employers have to let you off to appear in court, you may not get paid for the time.
  3. #3
    LosAngeles27 Guest
    *A mutual order requires that both parties file a petition for a protective or restraining order. A California judge may not issue a restraining order for a party who has not requested one and made a “prima facie” (i.e. “on its face”) case for such an order.*

    Ok I have been reading about this for the last 3 hours, and this is exactly what I don't need. So I have to file a restraining order in order to get a mutual restraining order? This is soo complicated. So I have to lie like him in order to get a restraining order? I don't want to do that, I don't want to lie. Domestic Violance Clinics only work for the Plaintiffs it seems at [url]http://www.lafla.org/home.asp[/url] , I searched their web page but I couldn't find anything helpfull.

    I looked into hiring a lawyer as well but they open their mouth from 1500 and up, is this amount normal? paying that much money for a restraining order is like admiting fault isn't it? It sure make me feel like it. Why would anyone spend this much money if not guilty or charged...

    Thanks for the reply .
  4. #4
    rmet4nzkx is offline Senior Member
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    I went back to your old post and aparently you edited it but got some of it from other posters. This is serious, I am not sure of all the circumstances but you really need to answer the papers you received and if you need to get a mutual restraining order do so you can print out the forms or get them from the courthouse. The DV clinics can help you and if you are asking for a DV order then you are a petitioner anyway. It is possible that yours could stand and theirs not but they could still continue to make your life miserable with an order against you and nothing against them. You can do this without an attorney although it is better with one. It is also best if you have witnesses including the support of your spouse. Tell the truth, don't lie and the people at the clinics can help you make your declaration effective.
  5. #5
    CdwJava is offline Senior Member
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    Quote Originally Posted by LosAngeles27
    So he filed a DV-110 against me. It's a A6122 Domestic Violance Restraining Order.

    Restraining order is not a criminal record, why should I go to restraining order hearing? anybody know if there are any negative effects of a restraining order?
    As was said, it is entered into a nationwide computer database that will pop up on any signficant background check, or any time you are stopped by the police. And if you violate the order, CA state law essentially says you shall be arrested on the spot.

    Additionally, you will never be able to own or posess a firearm while the order is in effect, and you will be disqualifed from certain types of employment and, perhaps, certain types of government aid, assistance and loans.

    I have no time to go to a legal cilinic, I work two jobs to support my family and don't want to waste money on a attorney since I am not charged with anything. I don't want to talk to him either. I don't want to defend myself against his "clerk made up" declerations either.
    If you do NOT go, then the order will almost certainly be granted. And if you have children together, you may find that they are suddenly included in the order if they are not already.

    Screw Restraining Orders right? they have no criminal handicap from what I found over the internet. I have no intention of seing the person , we live in different cities, I don't want to travel either. Give me heads up before I burn these Hearing Papers.
    Well, if you never want certain jobs, gain public assistance, to use a gun, or want to go the city the person lives in, I guess you are right.

    If I get charged for something in the future, I'll hire a lawyer off course, but at this point , I can't do anything about it, the court will grant the restraining order no matter what I say or do....
    Not true.

    He has to show that there is cause to issue the order. If he cannot show cause, it will not be issued. Granted, the cause may be minimal, but they still have to show something. And if you are NOT there, his allegations will be accepted at face value. And the next step might very well be re-visiting custody orders and monetary issues with regards to alimony and/or child support ... because, he'll have this neat paper endorsed by the court saying what a bad person you are.

    It's never a good idea to let these stand unchallenged. But, if his allegations are true, then you probably would be wasting your time. But, if they are not, failure to respond will essentially allow them to stand as truth ... and that might come back to bite you some day.

    Carl
    Last edited by CdwJava; 07-29-2004 at 12:05 PM.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  6. #6
    rmet4nzkx is offline Senior Member
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    Los Angeles,
    I got you private message but will answer you here also and hope you respond and get some help.

    I'm not sure your whole story & it at this point you know or are willing to trust anyone. My suggestion is to call NTL DV hotline 800-799-7233 24/7 call there for referrals, be honest with them so they can give you the advise you need and to the help you need.

    My suggestion is that since you don't need shelter but need assistance working with the system, resolving your fears you have & telling the truth, what you did/didn't do & that you were injured. You need to have a doctor confirm the scars even if you didn't take pictures & they are mandated reporters, this way there is a report of what happened to you and your injuries. They can explain why you are afraid & why you lied, it is common in DV situations.

    I'm not sure of your whole story because you erased some of it & not sure if you are male or female, you have referred to the other person as s/he in some places. If you are male there are resources for male victims in the LA area @ alternatives to violence resources for men, look through the list for CA. there are codes for different situations that provide services. National Domestic Violence Hotline, is staffed 24 hours a day. It's not too late. You need to show the detective the scars. You may not have had good judgement but it's not too late, letting it go will have you guilty of more than you did and that will follow you all your life, so you need some advocates familiar with your situation. Attorneys can't help you either if you don't tell them the truth.
    [url]http://www.menstuff.org/resources/resourcefiles/alttoviolence.html[/url]

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