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View Full Version : How much proof is needed to get a restraining order?


Whitesmoke
10-01-2007, 9:45 AM
I'm not talking a TRO here...I realize those are easy to get.

Any personal experiences here on how hard or easy they are to get is appreciated....

paul0660
10-01-2007, 11:16 AM
The person being served has to have legal notice of the final hearing. If they don't show up, after being notified, the judge will pretty much take your word for what you have written. Make it clear, concise, but complete. If they do show up you have to do better than he said/she said. A witness or a phone recording is a great idea. Most answering machines can be set to record conversations.

JawBone
10-01-2007, 11:26 AM
You must reasonably show to the court that you are in fear of the person you want restrained and there is a reasonable basis for that fear. This is usually "proved" in the form of threats/attacks made by that person. If they deny making the threats, it comes down to whom the court believes.

In my experience it comes down to the witnesses. Does the court believe you are in fear and/or is it just a harassment tactic. The RO judges are pretty good at figuring out which.

Whitesmoke
10-01-2007, 11:43 AM
So...if a woman filed one on a man...would she likely be granted the RO just on her claiming to have been threatened?

JawBone
10-01-2007, 11:53 AM
So...if a woman filed one on a man...would she likely be granted the RO just on her claiming to have been threatened?

That really isn't enough information.

It depends on the threat (was it believed, was it meant to be believed, etc.), each persons' appearance, manner of speaking, history of violence, everything comes into play - female/male judge, cranky judge, etc.

It really depends on the totality of the circumstances. Does the man show up in court and deny making the threat? Are there any witnesses? Are there any prior police reports...

ETA: If you have been served with a notice of an TRO and do not want it to be made permanent, your best bet (other than immediately contacting a lawyer) is to quit all further contact with the person who filed it, show up for the court date on time dressed in your best conservative suit, and remain CALM at all times.

Speak as CALMLY as possible and explain to the court that the person is simply overreacting to a one-time instance where you lost your temper, you were not serious and that it will never happen again, you have no interest in any further contact with that person.

From my experience, the number one reason ROs are granted is that the person to be restrained shows up and loses his/her temper in court or generally appears unstable/hot-headed. That is all the evidence necessary the Judge needs to grant the RO. If you present yourself as a CALM, reasonable person, it is very unlikely an RO will be issued based only one person's un-supported allegations. (i.e. no witnesses/recordings, no police report, no history). If you are unable to remain calm in such a situation, definitely get a lawyer.

pnkssbtz
10-01-2007, 1:00 PM
So...if a woman filed one on a man...would she likely be granted the RO just on her claiming to have been threatened?

Odds are, yes. If she presented herself to be very fearful.

And people will say I am wrong, but I've known it to happen 3 times in Orange County.