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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38212
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have a restraining order against me, and did not go to

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I have a restraining order against me, and did not go to court to prove I had been the one that was attacked.( I have a police report and neighbor recorded the attack). Now I learning that this can hurt my chances for getting my real estate license. What paper work do I need to file to get this judgement(restraining order) vacated?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California LA county
JA: Has anything been filed or reported?
Customer: I have a copy of the police report.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Did you get notice of the hearing?

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Is there some reason you didn't go to court?

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thanks

Barrister

Customer: replied 1 month ago.
I did get notice of the hearing.I have two reasons I did not go to court; At the time I was moving into a new position at my job. I was inundated with work and ironically I missed the court date because I was so focused on getting to work on time. I also did not want to see her after she attacked me. It was a traumatizing experience and I did not want to see her again, even in court.

Ok, the problem here is that if you got notice of the hearing and just failed to appear, then it is unlikely that a judge is going to vacate the judgment against you. To have a chance of winning, you have to go to court and fight the allegations.

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So honestly, having to work and not wanting to see the complainant isn't likely to convince the judge to set aside any judgment but you can still try. You can file a motion to set aside the default judgment against you and set out your reasons for why you didn't appear and the clerks will then set a hearing date for all the parties to appear and the judge will hear your motion and make a decision about whether to set aside the judgment or not..

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This is a link to the CA court site where it goes over the process in detail: CA Set Aside Order

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And a link to generic forms necessary, you will need to change them to LA: Forms

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And here: Template Forms

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thanks

Barrister

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

Customer: replied 1 month ago.
Would there be any other reason I can say I didn't go? She was arrested after attacking me. Police filed a report and took pictures of my injuries (she bit my leg and threw all of my possessions out in front of several witnesses, our landlord included) I do have a police report on that attack. Her restraining order says it was from an even that happened 5+ years ago with no evidence or any kind of report. Her story on the restraining order is embellished as well.)Would I be able to bring items to court pertaining as to why I left her?

Would there be any other reason I can say I didn't go?

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I can't really tell you to lie to the court..

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The problem with not going to court is that you lose by default.. And whatever story the other side tells is the one that the judge believes..

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Would I be able to bring items to court pertaining as to why I left her?

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No, a judge is not going to re-hear the case and why you left is not going to be relevant.. She may be a horrible person, but she is the one who filed for the restraining order and went to court to tell her story..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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Please take a moment to rate my service as that is the only way I am compensated for my work.

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thanks

Barrister

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