Q: Let's say someone was hit with a temporary domestic violence restraining order by false accusations but the restrained..
person discovered why the protected person actually filed the TRO. The discovery is that the protected person realized they would be in hot water if they did not have an excuse for not showing up to work on time or at all the particular day they filed and went ahead and called into work claiming they were in a domestic violence situation and needed and was heading to file at court for protection. With that being the only excuse at the moment the protected person abruptly could think of, they successfully requested the TRO and their case was granted the following day now, the restrained persons record is on the line. My question is, would it be possible in any way to understand from their employer if on the day they filed, did they call in with claims of being involved in a domestic violence matter or emergency matter? or however if possible this inquiry can be obtained is what I would like to understand and by who? who can inquire this information what are the options?
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A:
Under California law, you can potentially gather information from the employer of the person who filed the TRO to understand if they called in with claims related to domestic violence. One way to do this is through a subpoena, which is a legal document that can compel the employer to provide records or testify about the employee’s statements on the specific day in question.
You would typically need to request this through your attorney, who can file a subpoena with the court handling your case. This process involves formally asking the court to issue the subpoena, specifying the information you need from the employer, and demonstrating how it is relevant to your defense against the TRO.
Additionally, during the discovery phase of your case, you may also request any communications or records that the protected person might have regarding their absence from work on the day they filed the TRO. This information can be crucial in proving your case and showing that the TRO was based on false pretenses.
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