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My name is ***** ***** I will be helping you tonight. Thank you for your question. What state are you form? What questions do you have regarding the restraining order?
Yes, I just got your answers, give me a bit to draft an answer. It has only been 2 minutes since your reply.
Unfortunately, yes it does go on your public record. I would retain an attorney to attend the hearing with you and help you with your defense. See link for CA site that has very good forms and information regarding your situation: http://www.courts.ca.gov/1044.htm
Also see link regarding how to respond to a restraining order: http://www.courts.ca.gov/1279.htm
The state of CA provides great resources and you could respond using their forms and possibly not pay the cost for an attorney although retaining one would probably increase you percentage for success. It sounds as if a temporary restraining order was put in place against you and you would simply need to fight against a more permanent one.
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It will depends on the facts, that is an impossible question to answer. There are many times were a temporary is not converted to a permanent and the opposite as well. It really just depends on the facts and if you have an attorney to present your defense. So it is definitely not automatic and the permanent one is much tougher to get as the temporary one happens and you do not even have to be present. It depends on of the person filing the restraining order wants to go forward with a permanent one and a hearing is normally set after the temporary one expires. They do have to file a new form to renew it. (http://www.courts.ca.gov/documents/dv700.pdf)
See link for explanation of the renewal process: http://www.courts.ca.gov/1267.htm
Yes, the person filing it has to renew it with a renewal filing so you probably do not have a hearing set yet, but it is possible. I would ask your attorney to confirm. Even if you get the permanent one dismissed it will still stay on your record. You can have your attorney file a Petition for Factual Innocence (PFI) and ask the same court to then seal and destroy the parallel Family Court EPO file, including the restraining order and all the supporting documents and declarations. If you can get this done successfully, it will be off your record for good.
Actually I never asked if there was an arrest that occurred in connection with this. If there was not then there is no way to get it off your record. That is one of the very unfair things about this. Without an arrest, there is no current way of expunging a temporary restraining order. However, the fact that it is only a temporary restraining order and not a permanent one is considered an injunction that was technically not proven.
Yes it is unfair but there is no way to get an expungement on a TRO unfortunately. Even if you were to prove these wrong for the permanent restraining order, this would not affect the TRO staying on your record. There is no way to go back and disprove the original TRO either. Like I said, the TRO is only considered an injunction and if anyone asks you can state that the facts were never proven and a permanent one never filed or if filed was dismissed and not proven. Unfortunately this is the best you can do.