Q: What is Notice Of hearing And temporary Restraining Order in CA?
Hello, I am new to this site.I have a couple of questions to ask and will appreciate any helpful answer.
My brother is having issues with his ex-girl friend. They were still talking on and off. So things got bad to an extend that she brought him a Notice of Hearing and Temporary Restraining Order. We are confused and we don't know what to do. They have to go to court?
Going to court,is it for the Judge to hear from both parties? Or Is it for the Judge to let my brother know the consequences of the restraing order? Or will he be charge for a crime?
Thank you
A:
First of all if she brought him the notice then it was not served properly. Personal service is required but it must be by a person over the age of 18 who is not a party to the matter.
On the court date the judge will hear both sides and make a ruling based on the facts.
I would suggest you contact an attorney in your area. The ramifications of having a restraining order placed on you need to be explained to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
