Q: My sister filed a restraining order against me and the judge did not let my witnesses finish because it was lunch time.
Do I not have a right to bring all witnesses forward and to continue to prove that what my sister said is not true? Additionally, my sister never said I should not talk to her. Is that not necessary prior to obtaining a restraining order? My sister owes me money from my fathers estate and now I cannot ask for it. This was a retaliatory motion by her because she thinks I filed a complaint about her disabled son's care. It had already been testified in court that I did not do that in another trial involving my disabled mother.
A: The judge should've taken a break and allowed your witnesses to finish their testimony at a later time. It is not necessary that your sister have "warned you" prior to pursuing a restraining order. She can move straight to getting a restraining order and then the judge has to make a decision based on the evidence whether to grant her request. You can still pursue things in court to get the money owed to you, but you cannot ask her directly for the money. That would violate the restraining order.
A: The judge controls the hearing, including the testimony of the witnesses.
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