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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 2922
Experience:  associate attorney
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I have got a restraining order filed, against me, its

Customer Question

i have got a restraining order filed
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: against me
JA: Have you talked to a lawyer yet?
Customer: its temprary
JA: Anything else you think the lawyer should know?
Customer: no not yet
Submitted: 6 months ago.
Category: Employment Law
Expert:  Christopher B, Esq. replied 6 months ago.

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?

Customer: replied 6 months ago.
I am from California. And someone jsut filed a one week restaining order against me. I want to know if that would go on my record and also how do I revoke and fight against the order which I feel is wrong
Customer: replied 6 months ago.
Did you get my question? Are you answering or not?
Expert:  Christopher B, Esq. replied 6 months ago.

Yes, I just got your answers, give me a bit to draft an answer. It has only been 2 minutes since your reply.

Expert:  Christopher B, Esq. replied 6 months ago.

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.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated by the site.

Customer: replied 6 months ago.
currently I have temporary one. Do you think it would get converted to permanent one too automatically or the requester would ask me to come to court and will then file a permanent one? How does it work? After the end of temp order do I have to go to court?
Expert:  Christopher B, Esq. replied 6 months ago.

Sorry having problems with my internet.

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

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated by the site.

Customer: replied 6 months ago.
ok one final question. In my temporary restraining order there is nothing mentioned that I have to come for a hearing. It expires on 10th of this month. Would I get another mail from Police telling me to appear for a hearing or something? Or should I ask my lawyer on that? When do I get to fight to revoke or reverse the restraining order and get it off the record?
Expert:  Christopher B, Esq. replied 6 months ago.

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.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated by the site.

Customer: replied 6 months ago.
If the permanent one doesn't get filed , can I get this temporary restraining order reversed and off my record?. For that I would have to ask my attorney to file an application or would get a court hearing regarding this after this expires?
Expert:  Christopher B, Esq. replied 6 months ago.

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.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated by the site.

Customer: replied 6 months ago.
There was no arrest. But the reasons mentioned in the application of this temporary restraining order are all wrong. Can I then not ask my lawyer to prove those wrong and get it revoked and get it off my record? Isnt it unfair when I didnt even harassed someone and someone filed a restraining order and I get it on record?. What are the steps I can take to fight against this and when do I have to do that?
Expert:  Christopher B, Esq. replied 6 months ago.

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.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated by the site.

Expert:  Christopher B, Esq. replied 6 months ago.
I do not understand, I worked with you for an hour last night and you closed out the question? Without a positive rating, I get no credit from the site and simply wasted my time. Did you think I deserved that from the quality of my answers?