Q: Los Angeles CA. Is it mandatory to respond in writing to a domestic violence restraining order?
Was served a few weeks ago hearing is at the end of the month. We are in mediation settling afraid my written response might anger, as he's very abusive. Also the restraining order I was served says Denied on it. Thank you
A:
In California, if you have been served with a domestic violence restraining order, it is generally recommended to respond in writing, especially if you wish to contest the order. This response is your opportunity to present your side of the story and any evidence or arguments you have against the issuance of the order.
However, if the restraining order you received states "Denied," it means the court did not grant the temporary restraining order initially requested by the petitioner. Despite this, there is still a scheduled hearing where the court will decide whether to issue a permanent restraining order.
Given the sensitive nature of domestic violence cases and the potential consequences of a restraining order, it's often advisable to seek legal guidance. An attorney can help you understand the implications of your response and how to navigate the situation, particularly considering the ongoing mediation and concerns about angering the other party.
Your safety and well-being are of utmost importance. If you feel at risk, do not hesitate to seek support from local resources or law enforcement. Making decisions in these situations can be challenging, so obtaining professional legal advice is often beneficial.
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