Q: Can an incident from a dismissed TRO appear on a new TRO?
My GF and I had a fight and she requested a TRO. The triggering incident was that we saw each other in a yoga class and she concluded I had followed her there, although I go to yoga at the same location. She withdrew the TRO and when I attempted to talk to her again she filed for a new TRO. At the initial hearing she requested for the previous yoga incident to be added to the new TRO. I understand it can be evidence in a trial but can it be part of new complaint?
A:
Defending against a domestic violence complaint is not a simple task and the information in the complaint is designed to educate you as to the scope of testimony she plans to present. If she did not include any information as to the prior yoga incident, then she could not testify as to it at trial - its called due process and is designed to ensure that you are not blindsided at trial with claims that you did not anticipate and were unable to prepare to defend against.
My suggestion is that you schedule a consultation with an experienced divorce lawyer who regularly handles domestic violence matters.
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