Question about TRO

[Eekamouse]

What is the name of your state?California
If a TRO is filed against you, do you have to file a response to it and serve the other person or can you just argue your side to the judge in court? If you have to file a response, how much time before the court date do you have to file your response and serve the other person?

 

[Mass_Shyster]

I am not familiar with the California Rules of Civil Procedure. If they are similar to Mass or Federal, if you don't file an answer to the complaint, the plaintiff can request a default judgment. In that case, the first hearing would be the default, not the merits of the TRO.

The simplest thing to do (not necessarily the best) is to file an answer either admitting each numbered paragraph or responding with something along the lines of "The defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations set forth in this paragraph and calls upon the plaintiff to prove same."

 

[Zigner]

When you are served, you will be served with a copy of the instructions on how to respond to the order, specifically, form CH-120-INFO ( www.courts.ca.gov/documents/ch120info.pdf ). That will tell you what you need to do.
From my (very limited) experience in the matter, if you don't file a response, but do show up for court, the judge may allow you to present your side of things. The court, generally, doesn't like to take liberties away without allowing allowing you to defend yourself.

 

[Zigner]

I am not familiar with the California Rules of Civil Procedure. If they are similar to Mass or Federal, if you don't file an answer to the complaint, the plaintiff can request a default judgment. In that case, the first hearing would be the default, not the merits of the TRO.

The simplest thing to do (not necessarily the best) is to file an answer either admitting each numbered paragraph or responding with something along the lines of "The defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations set forth in this paragraph and calls upon the plaintiff to prove same."

The is a specific form to use when responding - the information you gave doesn't apply to that form.

 

[Mass_Shyster]

The is a specific form to use when responding - the information you gave doesn't apply to that form.

A TRO is a specific form of injunctive relief. Generally, injunctive relief is a Temporary Restraining Order, a Preliminary Injunction, or a Permanent Injunction.

It looks like the form you linked to is a specific form of injunctive relief, and certainly does not apply to all Temporary Restraining Orders in the state of California.

 

[Zigner]

It applies in THIS case - you know...the one posted in:

• Forums
• FAMILY LAW
• Domestic Violence & Abuse

 

[Mass_Shyster]

It applies in THIS case - you know...the one posted in:

• Forums
• FAMILY LAW
• Domestic Violence & Abuse

So you responded with information regarding a civil harassment restraining order instead of information regarding a domestic violence restraining order.

 

[Zigner]

Eeekamouse can go to http://www.courts.ca.gov/1265.htm for information on responding to a DV restraining order, if that's what is actually in question.

 

[Eekamouse]

Maybe I missed it but I didn't see where it states if there is a cut off date for when you file your response. The person in question has court on Wednesday, September 12th for this TRO. I want to know if they were to file the response and serve the person on the 10th, will that be okay?

 

[Eekamouse]

And if it matters, when served with the TRO, the person did not include the paperwork to respond to it with the papers. A sheriff served it and said, "Oh, it looks like it was torn off of the packet."

 

[Zigner]

Do the forms that were served begin with DV- or CH- ?

 

[Zigner]

http://www.courts.ca.gov/1279.htm
It doesn't appear that a response is required for a civil harassment order. But, from farther down at the same location it says this:

STEP 2. File and Serve Your Response

Once you have filled out all your forms, you have to file them with the court and “serve” (give a copy to) the protected person who filed the request. Do this right away. Do this at least 2 days before your court hearing to make sure you give the court, and the protected person, enough time to review your response. If you cannot do it at least 2 days before the court date, do it as soon as you can.

 

[Eekamouse]

It says DV

 

[Zigner]

If this is a hearing for a domestic violence restraining order, then the person may want to consider retaining an attorney. The rules for service are more complex, but the instructions for the response do state that the person will also get to tell their side of the story in court. The reason for the attorney is that anything the person responding does in this case can be used against him/her in a criminal case.

 

[Zigner]

Ok, that confirms it's for a domestic violence restraining order. S/he really needs an attorney.