Q: I went to court and got a temporary restraining order against an unstable person who has been harassing me. He has to stay a considerable distance away and can’t communicate with me. Is there some further action that I should take in court to enforce or extend the order?
M.J., Lakewood
Ron Sokol
A: Temporary restraining orders are, by their very nature, of limited duration. It sounds like you took the first step, went to court and got a temporary restraining order (or TRO), which is probably good for some 20 days or so. Please read the order to determine its duration. I suspect the court set a second hearing at which time your TRO may become an injunction, which, if granted, will have a decidedly longer duration. Be sure to prepare for the injunction hearing, because the proof for the injunction may be more than you presented to get the TRO (and may be subject to effort by the other party to contest).
In addition, there are steps you can take that are not part of the court process, of a security nature. My suggestion is talk to law enforcement (or knowledgeable security people) in this regard. As to the court, you likely want to have an order that is as broad as possible, and which has a duration for as long as possible. If you are handling this matter on your own, kudos to you, but it certainly would not be ill-advised to seek guidance, if not assistance, from a qualified attorney.
Also, here is information from online: “If you are a litigant who requires self-help services you may call 213-830-0845 to seek assistance with restraining order forms packets over the phone and referral for additional self-help services.” Further, there is a link online that contains helpful information about harassment restraining orders at selfhelp.lacourt.org/service-catalog/C04.
Q: In our divorce case, we are both seeking restraining orders. My husband, hopefully soon to be ex, is abusive and his way of dealing with what we have filed is to claim it was me, that I was the aggressor. What happens with this?
M.N., Lomita
A: It is possible the court will decide to issue mutual restraining orders; this will depend on what is presented and just what the court believes is accurate.
Research indicates that both parties must personally appear at the hearing when mutual restraining orders are sought. Each can present written evidence to try to establish that abuse or domestic violence has occurred. The vourt evaluates who is the “dominant aggressor,” which does not necessarily mean who acted first, but whose conduct is the most significant. Issues of self-defense invariably may arise. Bottomline, the court’s focus is to protect the actual victim from continuing abuse, including threats.
The court can issue mutual restraining orders if the evidence shows that both parties acted primarily as aggressors, and neither party appreciably acted in self defense. Mutual restraining orders are the exception, however, not the norm. Your counsel can provide further details for you.
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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