1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

What to Expect at

Discussion in 'Protective & Restraining Orders' started by Thank You, Jul 30, 2018.

  1. Thank You

    Thank You Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    California
    Hello,

    I'll try to keep this relevant and to the point. I was served a TRO by my older brother. He alleges he experienced eminent fear from my 40 text messages and was granted a TRO against me. Only two texts could be seen as threatening and on his Affidavit there are things i didn't say in text messages and many exaggerations. 38 were actually discussing the issues on how we got to the point we're at. I even included an email in which he was hitting on my fiancé to see if he would deny it and he did. Now some background, he's 5 years older and would verbally abuse me every chance he got. I didn't want anything to do with him so haven't spoken or visited his house in 13 years and this was the first communication since. Since i don't come near him he has been finding other ways to make my life miserable and i had enough. That day my middle brother calls and cusses me out for no good reason instead of asking me about my side of a recent situation. He justified his actions by saying there is something wrong with me but couldn't provide reasons what or why. I was feed up with these two and my texts were to point out times in their behavior that was wrong but they never admit to it. My question is, at our court date will the judge hear my side and try to help us work this out for the better good or is it all about who broke the law and apply the punishment? Will i need an attorney if the court's goal is the latter? Since this is a civil matter is the goal to resolve the root cause or just put a band aid on it and ignore it? I'm sorry but i've taken a lifetimes worth of verbal abuse from these two and deserve some dignity. Two days after serving the TRO he passes by my house yet he alleges eminent fear.
     
  2. Highwayman

    Highwayman Well-Known Member

    Messages:
    1,859
    Likes Received:
    600
    Trophy Points:
    113
    Why do you care? You obviously don't get along with your brother and are best served by staying away from him.

    If you are having a hearing then yes, you'll get to tell your side and if it's that important to you then by all means, hire an attorney.

    You're likely to ramble and bring up irrelevant issues in court, as well as get emotional, which the judge will not want to deal with. So, yes, get an attorney.
     
    Thank You likes this.
  3. leslie82

    leslie82 Well-Known Member

    Messages:
    1,955
    Likes Received:
    318
    Trophy Points:
    83
    You will get a chance to dispute it yes. Why would you get punished? It's a protection order hearing. Your brother either gets the protection order or he doesn't. That's it. It's not a criminal case.

    Just ignore them and stay away from them. At least if there's a protection order, he shouldn't come near you. If you can afford an attorney get one.
     
    Thank You likes this.
  4. Thank You

    Thank You Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Thank you both for your input. Highwayman you are absolutely correct I want nothing to do with him which is why I do not need a RO that goes on my permanent record to stay away from him. I am currently in between jobs that's only why it matters to me. I am hesitant to return the DV-120 for fear of incriminating myself due to lack of Family Law knowledge. Seems like i'm going to have to get my wallet out and hire an attorney. Is it possible to get TRO and hearing dismissed by presenting the discrepancies in his affidavit before the court date to show the court a TRO was not needed in the first place? He has already try to come to my place of residence which I reported to the sheriffs office.
     
  5. army judge

    army judge Super Moderator

    Messages:
    34,522
    Likes Received:
    5,813
    Trophy Points:
    113


    Meet with a couple of lawyers, ask your questions, get your answers, hire a lawyer.

    The initial meeting is normally offered at no cost, no obligation to you.
     
    Thank You and leslie82 like this.
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,184
    Likes Received:
    625
    Trophy Points:
    113

    Ask yourself a question about the bigger picture - do you really want to continue this relationship with your brothers, especially your older brother for going this far? I have to wonder whether this is petty nonsense - does your brother have an attorney or did he file it himself? I don't know what is contained within the complaint so I can't comment further. All you need is one threat and a bona fide fear of harm. If the complaint is frivolous then your hiring of an attorney might put him in his place. Up to you but there is little for us to discuss. Good luck with your dispute and hope you resolve your family issues.
     
    Thank You likes this.
  7. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,311
    Likes Received:
    1,556
    Trophy Points:
    113

    Sounds like the TRO was actually issued. When is the hearing scheduled for the court to determine whether to extend the order?

    At the hearing, the court will hear oral argument, but you need to submit your "side" in writing before the hearing (nine court days before the hearing to be specific). The "better good" is not something that the court will consider; nor will any "punishment" be doled out. The only consideration is whether a permanent injunction is called for.

    Probably the best way to resolve this is to stop communicating with your brother.

    If you don't submit an opposition, then the court will make its decision based solely on what your brother has filed. I suggest you read the sections of the Family Code cited in the lower left corner of the DV-120 form.

    The court isn't going to make a decision prior to the hearing, but you certainly can point out discrepancies in your opposition.

    I agree with the suggestion of seeking legal counsel.
     
    Thank You likes this.
  8. Thank You

    Thank You Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Called over 10 attorneys today that's pretty much all the family law attorneys in the area. I was able to set a consultation with an attorney who doesn't specialize in family law. The rest were to busy or didn't want the case. Court date is 8/15/18, Perhaps I can hire an attorney who evaluates the case and provides me with strategies, tactics to win my case? Are attorneys willing to do this?
     
  9. army judge

    army judge Super Moderator

    Messages:
    34,522
    Likes Received:
    5,813
    Trophy Points:
    113


    Probably not, but anything is possible, isn't it?

    You might learn enough to point you in the right direction by the time your meeting ends.

    You've got to start somewhere, so you made your start.
     
    Thank You likes this.
  10. Thank You

    Thank You Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Good morning,

    Let's just say judge finds cause for permanent restraining order and i lose my case, is the 52-week batterer intervention program mandatory at that point?
     
  11. army judge

    army judge Super Moderator

    Messages:
    34,522
    Likes Received:
    5,813
    Trophy Points:
    113

    You aren't on trial for a criminal act, are you?

    If this is simply a hearing in civil court because Benny is requesting an order to keep Lenny away from him, I don't think Lenny would have to do anything except stay away from Benny if Lenny prevails on his motion.
     
  12. Thank You

    Thank You Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    That's good hear!
     
  13. Thank You

    Thank You Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Everyone has been very helpful and i thank you for that. One more question: I was told by the court clerk that the DV-100 my brother filled out is considered and "affidavit". Is that true or is there one that i have not seen and the court should have in their possession and give me it on request?
     
  14. army judge

    army judge Super Moderator

    Messages:
    34,522
    Likes Received:
    5,813
    Trophy Points:
    113


    The rules of discovery will see to it that you receive the applicable information necessary such that you can properly defend yourself.
     
    Thank You likes this.
  15. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,311
    Likes Received:
    1,556
    Trophy Points:
    113

    "Is considered" by whom?

    The DV-100 form is titled "Request for Domestic Violence Restraining Order." It is an "affidavit" in the sense that it must be signed under penalty of perjury, but attaching that label to it isn't particularly meaningful.

    Not really sure what this might mean, but all Judicial Council forms are available at this link.
     

Share This Page