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Temporary restraining order and notice of hearing

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arielruiz777

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

I am 41, she's 19 and 3 months pregnant with my son. Both of us are in love but her parents forced her to put a restrain order against me and now the court send me a Temporary Restraining Order and Notice of Hearing. My questions is: Am I force by law to be in that hearing, do I have to go or is optional to me? If I go can ask the Judge that her parents let us alone in the court room just with the Judge or they have to be there too?
 


Isis1

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

I am 41, she's 19 and 3 months pregnant with my son. Both of us are in love but her parents forced her to put a restrain order against me and now the court send me a Temporary Restraining Order and Notice of Hearing. My questions is: Am I force by law to be in that hearing, do I have to go or is optional to me? If I go can ask the Judge that her parents let us alone in the court room just with the Judge or they have to be there too?
at the age of 19, her parents can't force her to do anything legally. unless she's incompetent. you are required by law to attend that hearing. you will need to be there or be issued a warrant. you can ask the judge anything. however, unless you prove THEY are harassing you, they judge will not put a restraining order on them. and unless 19 year old says her parents are harassing her, the judge will not put a restraining order on them for her.

have you tried having a relationship with an adult? one that isn't so emotionally reliant on their parents?
 

CourtClerk

Senior Member
My questions is: Am I force by law to be in that hearing, do I have to go or is optional to me?
Your appearance is optional, however, it is not advised that you not appear. If you don't appear, you can't defend yourself. If you don't defend yourself and the court finds cause, a permanent restraining order will be issued against you.
If I go can ask the Judge that her parents let us alone in the court room just with the Judge or they have to be there too?
Depends on the courtroom. Each bench officer basically makes the rules for their courtroom. If they want a closed courtroom, they will order it closed. If it's an open courtroom, then anyone can walk in, have a seat and listen. Unless she calls them as witnesses, they will not speak, but unless they pose a threat to you (and they don't), you can't control where they go.
 

TinkerBelleLuvr

Senior Member
CC - can't he use the same trick that is used to put overstepping stepparents/step GFs, BFs, etc in the hall?

Can't he say that they MIGHT be called as witnesses, therefore, they need to be sent from the court room?
 

CourtClerk

Senior Member
CC - can't he use the same trick that is used to put overstepping stepparents/step GFs, BFs, etc in the hall?
Lots of states have closed courtrooms. Not so in CA. Lots of our family law courtrooms are still open. Even in the case of overstepping hussy girlfriends, stepparents, GFs, BFs, gay friends, whoever, they are allowed in the courtroom unless the bench officer SPECIFICALLY calls for a closed courtroom.
Can't he say that they MIGHT be called as witnesses, therefore, they need to be sent from the court room?
Very rarely do restraining orders end up in full blown trials. In fact, I don't recall ever seeing one. Everyone goes in the courtroom, unless they pose a threat or make a scene.
 

Ohiogal

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

I am 41, she's 19 and 3 months pregnant with my son.
Anyone else see the problem with this sentence? She is three months or 12 weeks along and you know she is having your son?
Both of us are in love but her parents forced her to put a restrain order against me and now the court send me a Temporary Restraining Order and Notice of Hearing.
Her parents cannot force her to be put a restraining order against you. She is an adult and able to make her own decisions.

My questions is: Am I force by law to be in that hearing, do I have to go or is optional to me? If I go can ask the Judge that her parents let us alone in the court room just with the Judge or they have to be there too?

You don't have to go. But then you lose by default. And you can ask that her parents not be in the room. But don't expect the judge to allow you to talk to her in private.
 

CourtClerk

Senior Member
I dont wanna talk to her in private, I justa want her to be there withou her parents, so she will be free to speak.
If you wanted to be with someone who will speak freely, then maybe you shouldn't have been sleeping with a teenager.

You don't get what you want. You knocked up a baby who still relys on her parents. Now you get to deal with it.
 

kimberlywrites

Senior Member
Anyone else see the problem with this sentence? She is three months or 12 weeks along and you know she is having your son?
Her parents cannot force her to be put a restraining order against you. She is an adult and able to make her own decisions.




You don't have to go. But then you lose by default. And you can ask that her parents not be in the room. But don't expect the judge to allow you to talk to her in private.
I surely did. I am still waiting for the answer....
 

arielruiz777

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

her parents forced her to put a restrain order against me and now the court send me a Temporary Restraining Order and Notice of Hearing.
She didnt showed up at the hearing, so Am I still under the restrain order? She told me she doesnt want to do it.
 

waitinMd

Member
It was a temporary order, if she was FTA then no you are no longer under the order. Didn't the court tell you anything, or did they just say dismissed?
 

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