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Itsanono

NEED ADVICE FAST!!

6 posts in this topic

A temporary restraining order was filed by me against this guy who keeps harassing me by text messages and phone calls. I have his number blocked on my phone, but he downloaded an app on his phone which allows you to put anyone's phone number for the caller id. He uses my friends number so I will pick up the phone. When the hearing date was set, which is on October 19th, I didn't realize that I was going to be out of town that day. I can not change my plans because there is no refund on the plane tickets and too much money to change the reservation at this point in time. I asked them if they can change the date until I return, which will be October 23rd, and if they can not do that, can they dismiss the case and I would refile it when I returned. The person I spoke with at the courthouse told me that if the person who was served with the papers shows up on the day of the hearing, they will still hear the case. They also told me to go to the self-help center they have at the courthouse, which I am going to do this Friday. I wanted to get some feedback from any attorneys out there if there is anything else I can do.

 

Thank you!

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8 hours ago, Itsanono said:

A temporary restraining order was filed by me against this guy

 

No.  A restraining order can only be filed (actually, "issued" is the proper term) by a court.  I assume what you meant is that this guy filed an application for a TRO and that the court granted the application.  Correct?

 

 

8 hours ago, Itsanono said:

I asked them if they can change the date until I return

 

Who are "them" and "they"?

 

 

8 hours ago, Itsanono said:

I wanted to get some feedback from any attorneys out there if there is anything else I can do.

 

Not really sure what you're asking, but I'm confident that you can do lots of things.  For starters, you should review the forms and information available at the California Judicial Council's website.

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I filed the paperwork for the restraining order against someone. The court issued and signed the temporary order with a court hearing date of October 19th. I didnt realize at the time when the court clerk handed me back the copies that the hearing would be the day I will be out of town. When I called the courthouse to tell them that I would be out of town the day of the hearing, the court clerk told me to go to the self-help center in the courthouse. I also informed the court clerk that if the date can not be changed, I would refile the restraining order when I return. My question is....if the defendant shows up for the hearing, and I'm not there, will the case be dismissed? Could I possibly write a letter stating I will refile as soon as I return?

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16 minutes ago, Itsanono said:

if the defendant shows up for the hearing, and I'm not there, will the case be dismissed?

 

Almost a guarantee. Judges don't like it when people file stuff and don't show up.

 

17 minutes ago, Itsanono said:

Could I possibly write a letter stating I will refile as soon as I return?

 

Writing a letter is never proper procedure. Besides, if you refile, you refile, telling the judge you will refile won't matter.

 

What you could try is filing an emergency motion to appear by telephone. When you file it you'll have to serve it on the other party. Then call up every day to see if it had been ruled on by the judge. No guarantees.

 

 

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Sorry.  I mixed up that you are the person seeking the order, as opposed to being the target of the order.

 

 

2 hours ago, Itsanono said:

if the defendant shows up for the hearing, and I'm not there, will the case be dismissed?

 

I assume you've served the papers on the defendant.  Correct?  I would think that, if you had a concern about the hearing date, you would have held off on serving him.  In any event, the answer is almost certainly yes.

 

 

2 hours ago, Itsanono said:

Could I possibly write a letter stating I will refile as soon as I return?

 

You can write all the letters you like, but there's no need to tell the court ahead of time that you will re-file your case.

 

Let me ask a couple questions:  Did you click the link I provided?  If so, did you notice the document called "How to Ask for a New Hearing Date" and the form called "Request to Continue Court Hearing"?

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Thank you very much. I filed the above forms with the court, however, the clerk said that the judge would make the decision on a new hearing date at the hearing on October 19th, which I will be out of town on that day.

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