Oroville, CA asked in Domestic Violence and Family Law for California

Q: My daughter filed a renewal or extension restraining order on me . I was never served. He went to court and the Judge g

The judge granted it..

The first order I was completely off guard. The judge granted it on "Escalating Anamosity "

How do I fight this one to see my grandchildren

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if a restraining order has been renewed or extended without your knowledge due to lack of service, you should consider filing a motion to dissolve or modify the restraining order, explaining the lack of service and presenting your case. Proper service is typically required for a restraining order to be enforceable. Evidence of any attempts to serve you should be scrutinized.

It's also advisable to seek legal representation to ensure your rights are protected and to assist in presenting a compelling case as to why the restraining order should not continue, particularly addressing the “escalating animosity” grounds the judge cited.

If visitation with your grandchildren is a concern, you may request the court to specifically address this issue, possibly through supervised visitation or other arrangements that the court deems fit. Documentation and any relevant communication that can demonstrate a positive relationship with your grandchildren can be beneficial to your case.

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