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For the person to be restrained, having a restraining order against him or her can have very serious consequences: He or she will not be able to go to certain places or to do certain things. He or she might have to move out of his or her home. It may affect his or her ability to see his or her children.
If a wrongful restraining order has been filed against you, you must take a proactive approach and file a response. You must also attend the court hearing. This is your only opportunity to challenge the order.
In California, restraining order cases begin with an ex parte hearing, where the judge listens to what the petitioner has to say. This type of hearing is called ex parte because only the petitioner can present their side.
Consider these 3 common legal strategies to defend against a restraining order violation in California: Lack of Intent. In some cases, your lawyer may decide to argue a lack of intent following a restraining order violation. Insufficient Evidence. Negotiating Plea Bargains.
If a judge is unwilling to grant the TRO, that essentially means that the petitioner has not made a reasonable primafacie case of harassment or abuse, and does not bode well for the petitioners case.
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People also ask

How to respond to a request for a restraining order Fill out the Response form (CH-120) Fill out the form, called the Response to Request for Civil Harassment Restraining Orders (form CH-120) Make copies of your forms. After youve filled out and signed the Response, form CH-120, make two copies. File your forms.
The judge may issue you a temporary restraining order without the abuser present (ex parte) if there is good cause to do so. Proving that you are the victim of sexual assault is considered to be good cause to grant this ex parte order.
I Just Got Served with a Connecticut Civil Restraining Order. Here Are 5 Ways to Fight It Stale Threats Allegations Are Not Enough. The Threats Must be Physical. Subpoena Witnesses Documents that Prove the Applicant is Lying. Take Your Accuser to Task Force a Deposition. Hire a Connecticut Restraining Order Lawyer.

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