Upcoming civil restraining order hearing

[panasync]

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

I have an upcoming hearing for a civil restraining order, within that I am asking to be reimbursed for destroyed property, my question is if he decides not to show up to the hearing, what happens to that part of the restraining order? Is a default decision made? If not where do I go from there?

I appreciate the response(s) in advance and apologize for my ignorance on the matter.

 

[tranquility]

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

I have an upcoming hearing for a civil restraining order, within that I am asking to be reimbursed for destroyed property, my question is if he decides not to show up to the hearing, what happens to that part of the restraining order? Is a default decision made? If not where do I go from there?

I appreciate the response(s) in advance and apologize for my ignorance on the matter.

If he was properly served, you should get the restraining order. I am uncertain about any reimbursement. You may have to file a regular lawsuit--depending on all the facts.

 

[CdwJava]

The hearing for the restraining order is not going to result in any division of property. You will likely have to file in small claims court for compensation.

If the other party fails to show, the court will likely grant the order against him. Though, that depends on the facts presented and whether the judge believes it is necessary.

 

[single317dad]

Is there any related criminal action filed? If so, that would be an excellent place to ask for restitution as a stipulation of plea bargain or sentencing.

 

[panasync]

Is there any related criminal action filed? If so, that would be an excellent place to ask for restitution as a stipulation of plea bargain or sentencing.

There was a vandalism report made with the police (on top of domestic violence charges), and the reimbursement I was asking for was for what was destroyed during said occurrence of vandalism. He broke into my apartment and destroyed a bunch of stuff.

 

[CdwJava]

There was a vandalism report made with the police (on top of domestic violence charges), and the reimbursement I was asking for was for what was destroyed during said occurrence of vandalism. He broke into my apartment and destroyed a bunch of stuff.

If he is convicted the court may order restitution. The CHO hearing will not address this. You can also sue him in small claims court.