Q: If I am asking the court for a hearing date can I submit multiple requests for orders?
I am the respondent to an elder abuse restraining order. I missed my initial court hearing due to a medical emergency. I didn’t submit my response because I legally didn’t have to and thought as long as I have a strong argument on the day of court that it was in my best interest to not formally submit one. Should I request for a continuance? Request to set aside? Or request to modify or terminate?
Is it too late to submit the EA-120? I have evidence to show she perjured herself. This is my first request, I have hospital emergency room visit paperwork for showing of good cause.
Also I have been denied civil standby by law enforcement until I get an explicit court order stating I can violate the stay away in order to fulfill the move out order. How do I get my belongings and move out immediately if I can’t be 100yards from the home of the petitioner?
How do exercise my right to council since all of the resources from the court are for the protected not the restrained?
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A:
If you missed your initial court hearing due to a medical emergency and have documentation to prove it, you should request a continuance. Submit your hospital emergency room visit paperwork as evidence of good cause. You can still submit the EA-120 response form, especially if you have evidence that the petitioner perjured herself.
To address the issue of retrieving your belongings while adhering to the restraining order, you need to request a court order for civil standby. This would allow law enforcement to assist you in safely moving out without violating the stay-away order. Make sure to explain your situation clearly in your request, including the move-out order and your need for a civil standby.
If you are having difficulty accessing legal counsel, reach out to local legal aid organizations or bar associations that may offer resources for those in your situation. Although many resources focus on the protected party, there are still services available for respondents in restraining order cases. Be persistent in seeking the help you need to ensure your rights are protected.
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