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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29925
Experience:  29 years in civil, probate, real estate, elder law
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How do I defend myself against an unnecessary temporary ...

Customer Question

How do I defend myself against an unnecessary temporary restraining order? I live in Marin County, CA, and have the DV-120 form to fill out, but I want to make sure I address all the criteria the judge will be looking for to either grant or dismiss the TRO. Thank you!
Submitted: 6 years ago.
Category: Legal
Expert:  Ray replied 6 years ago.
I'm assuming the purpose of the restraining order is to keep you away from your spouse/her residence. If so then you need to look at any incidents with the person that may have lead to the TRO. IF you've had problems with her or the police have been called on prior occasions you may have difficulty preventing a TRO.The purpose of a TRO is to keep future domestic disputes from occurring and if there is a TRO and you violate this order they will arrest you for violating a court order which is usually a felony. If in fact they grant a TRO, for your safety I would advise you to honor it, the last thing anyone needs is a felony charge pending. If you give me more facts I would try and supplement my answer. Thanks for your question and good luck..
Ray, Lawyer
Category: Legal
Satisfied Customers: 29925
Experience: 29 years in civil, probate, real estate, elder law
Ray and 6 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Thank you, XXXXX XXXXX accepting your answer. Actually, I'm a 48 year old single mother of an adult disabled daughter, whom I care for, and the person I fought with is my older sister. For more details, I posted an ad on craigslist, sf bay area, under Services, Legal. The title is: "Seeking Attorney for advice to defend me against TRO"

Basically, this was an isolated incident. It has never happened before and it will never happen again. I have no record, no arrests, nothing to suggest I'd hurt my sister, or anyone for that matter. What made me snap (besides PMS,) is our mother is dying and my sister who's paying for her 24-hour home care has been going over there and threatening to stop her care because she says she "can't afford it." Well, she's a multi-millionaire and CAN afford it and has promised our Mom (twenty years ago and every year since,)that the equity in Mom's house would be her nest egg for her old age. Well, she's old, (80,) sick, and near death and my sister keeps nagging her about the money. I have four sisters and all of them are indebted to my sister financially, so they're afraid to speak up. I've always steered clear of accepting her financial "help" because I've seen how controlling and creepy she gets around money issues. But none of us ever thought she'd put our Mom through hell on her death bed! Mom was already battling rhuematoid arthritis (that's crippled her,) osteoporosis, (fractures down her spine, broken hip -- all within last couple months.) Then my rich sister goes over there every few days and bitches about money, causing Mom serious stress and guilt, weakening her already weak immune system (she's on 15 different meds,) and she got pneumonia and congestive heart failure!

Anyway, it's a real mess. None of my sisters will come to my defense because they're afraid of my rich sister. Meanwhile, Mom's trying to keep a smile on her face while all hell's breaking loose.

Both my sister and I went to the police after the incident. I asked the officer to take pictures of my torn shirt, scratches and bleeding ear, but he said he didn't take photos of my sister, so he refused to. (He wasn't much help.)

What, specifically, should I bring to the hearing on March 14th? I read I should bring the torn shirt, and show any physical evidence of harm, but the scratches have pretty much healed, but for a very light scar on my chest.

You said the judge will determine if future domestic disputes will occur, so how do I prove that they won't?

I cannot afford much, Ray. And I'm thinking I may need to find an attorney to come to court with me, so I'll have to be prudent with any spending I do through this service. If you can't help me further, I will understand.

Thank you!
Kerrie
Expert:  Ray replied 6 years ago.
Well if you have to go without a lawyer just address the facts and try and keep the prsonalities out of it to the degree that you can. This doesn't sound like something they would necessarily grant the TRO. It sounds more like a fight than anything only one person did to another. You might do better with a lawyer, it always helps your chances. You know they say there's always one in the family, hope it works out for you..

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