Q: Can a person have a restraining order filed against them again after judge personally removed first one?
Original restraining order was removed after judge had results from exams determining mental issues for the person who had the restraining order placed on them. Also the original order had incorrect birthdate. Second restraining order has correct date.
A:
Yes, in California, a person can have a restraining order filed against them again, even after a judge has removed a previous one. The court's decision to remove an initial restraining order due to mental health issues or incorrect information doesn't preclude a new restraining order from being issued if there are new incidents or evidence justifying it. The individual seeking the restraining order must file a new petition and present their case to the court, showing that there is a reasonable fear of harm or harassment.
The accuracy of personal details, such as the birthdate, is important to correctly identify the individual in question, but the key factor for a restraining order is the presence of a threat or harassment as defined under California law. The court will consider the circumstances and evidence afresh when determining whether to grant a new restraining order.
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