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Southern California Restraining Order
Attorneys
(818) 538-8891

Southern California Restraining Order Attorneys (818) 538-8891Southern California Restraining Order Attorneys (818) 538-8891Southern California Restraining Order Attorneys (818) 538-8891

Southern California Restraining Order
Attorneys
(818) 538-8891

Southern California Restraining Order Attorneys (818) 538-8891Southern California Restraining Order Attorneys (818) 538-8891Southern California Restraining Order Attorneys (818) 538-8891
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Restraining Order Hearings

Prior to the Hearing

Whether or not the Temporary Restraining Order was granted, there will be a full hearing on the evidence conducted by the court. If you are the Petitioner (the party that has filed the Request for  Restraining Order), you must be prepared for the hearing on the original hearing date, even if you have not been able to perfect service. It is not unheard of that a Respondent (the party the Request for Restraining Order has been filed against) will learn of the hearing date and show up without being served (waive service) and request that the hearing proceed. Not being prepared for your hearing is NOT good cause to continue. 


If you are the Respondent, you have the right to a continuance on the first date of the hearing. Since the Notice of Hearing Requirement is only 5 days in advance of the hearing date, some Respondents need additional time to prepare for the Restraining Order. Additionally, there might be other good cause for a continuance such as a pending criminal investigation or subpoenaing documents or video. 


The Respondent has the opportunity to file a written response no later than 48 hours prior to the hearing. Even if a written response is not filed, the Respondent can defend against the Restraining Order during the hearing with their testimony, witnesses, and exhibits. 



The Hearing

Once the hearing does start, there is no turning back. You have to have all of your evidence, witnesses, and exhibits ready for the hearing. The court will not continue (extend/delay) a hearing once it has started just because you are not prepared. There are certain rules of court and evidence that expected to be obeyed by the judge/commissioner who is hearing your matter. The one major difference in Civil Harassment Restraining Orders is that hearsay evidence is allowed. Each party can introduce hearsay evidence to help their case. Every judge and commissioner is different about what evidence they will allow, how much evidence they will allow, and which evidence is most important to them. This is where an experienced attorney with knowledge of each judge and commissioner is crucial. 


There are essentially 4 elements in any Civil Harassment Restraining Order Hearing: 1.) unlawful violence, the credible threat of violence, or a course of conduct that amounts to harassment that serves no legitimate purpose. 2.) objective substantial emotional distress. 3.) subjective substantial emotional distress. 4.) fear of future harm. All 4 of these elements must be met for a Civil Harassment Restraining Order to be granted after the hearing. The standard of proof is high- clear and convincing evidence. Unlike Domestic Violence Restraining Orders which only require a preponderance of the evidence, the burden of proof in a Civil Harassment Restraining Order of clear and convincing evidence is much tougher to prove. As the Petitioner, you have the burden of proving the case and all of the elements. The Respondent  just needs to attack one of these elements to be successful in a dismissal. 

Contact Us

Send us a message or call us to get started on your case at (818) 538-8891.

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