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Assuming a temporary restraining order gets dismissed by the judge, how to make sure that not even the temp rest order is not

Fresno, CA |

seen in your record. I am going to be looking for a governmental job and want to make sure that not even that TRO is seen. How to make sure that it is removed from the records permanently that it won't come up in my background check. I would like to also ask the experts this: When a judge dismisses the case is it me who needs to request it to dismiss the restraining order with prejudice or he does ti automatically. I found out that the petitioner won't be showing up to the court, so I am not sure how the judge will dismiss the case because I do not want the ex spouse to reopen it in the future. What does the judge determine when he decided with or without prejudice. Thank you.

Attorney Answers 3

Posted

When the TRO goes, it will be removed from the (California Law Enforcement Telecommunications System), and will simply be gone. It will not be on any of your records, and no background search will find it. Chances are the judge won't dismiss with prejudice simply because the petitioner doesn't show up once, although the TRO and action will lapse. That makes sense, since the Court won't know why they aren't there.

What you really need to worry about is your ex showing up and you not being ready. It may not be wise to assume they are going to drop it, only to see them show with witnesses and other proof. Be prepared.

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Posted

no the witnesses are from out of state and they are not witnesses to anything....in their so-called declarations it is only written what my ex has dictated them that's all...some of those witnesses I have never even seen, I only know them through my ex as some friends from different states but I have not seen them and never had any contact with them. Well what makes me think that the ex won't show up are these facts, so PLEASE advise as I really need it. I woke up to find a box full of 10 inch thick stack of papers full of mostly irrelevant things. My ex is a foreigner so the emails were in a different language which is being sued against me now. So he ends up altering a few words on emails, and that box of his included 20 page "letter" to the judge full of irrelevant complaints against me and that letter contained the following phrases: "Reading and confirming all of these letters can be done by an interpreter." "I am asking the court to analyse all of the letters that *** sent me. I am a peace-loving person and even now I don't want the court to be too rough to ***'s family and that no drastic measures be taken." "With all the letters confirming the facts of this letter I ask the court to not take any actions against *** and her family. I just want to ask the court and your honor to protect me and my family from any contacts (physical or verbal) from the family of ***. I also ask that this would include any slander against my name. Sincerely, ***"...he leaves his phone number and gives his website address lol. He also says the following in it: "If the court has any questions and or desire to check the information, I am is open to share all the information for the investigation." So these are his phrases that he used and since he was a no show the first time where the judge granted him 2 months of continuance for him to show up, he sends all this to em and to the court spending about $250 on the packages including the insurance fees on both. He lives 7 hours away from me in the same state. My emails he is using against me were translated through google translate lol. So based on this info, do you think he is coming or if he says that the court interpreter should read and translate it, then he is not coming. This is why I said that I think he will be a no show and I do not see how the judge would go with the hearing....my ex sent so much paperwork that the judge would have to send everyone home that day (other people) just to be taking the whole day to look at those paperwork lol. I spent two days reading everything he submitted and I felt really overwhelmed. I would appreciate your opinion on this PLEASE. Thank you for the above comment.

Posted

The order will be vacated, and the matter dismissed. If the ex-spouse raises new allegations, she can, of course, re-file. The record will not be sealed, nor is there any practical way to seal it.

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Posted

Thanks, so I guess I can not request to have the judge dismiss it with prejudice because that is what I'd like to do.

Posted

The case records will be kept for however many years required -- however these court records will/should reflect that the TRO was dismissed against you on X date. You might want to get a court certified copy of the dismissal or the minute order to keep on you in case you ever have to address this issue with a future potential employer.

About your concerns about possible future employment with the government -- I've worked for the government in the past, would look forward to it again in the future, and have many friends that still do. The best advice you should keep in mind is - tell the truth! It is much better to tell the truth upfront, than to have it discovered years down the line that you lied in an interview.

The answer above is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client.

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Posted

ok...but not sure what I was going to lie about. the tro is going to get dismissed because the opposing party is not showing up, so are you saying that there is still a possibility that the tro would somehow end up on my record then...I mean if the employer is not going to see it in my background check, so why would I have to address it to anyone as to what it was let alone to give people the minute order of a dismissed case that I still don't understand if it's going to go away or not from my record. From your comment I assume that the dismissed TRO stay on record then, am I right or not.

Asker

Posted

P.S. Does getting (not violating though) a permanent restraining order against you while you are a holder of conditional green card affect you or not. I just noticed that you are a Immigration attorney and decided to use the opportunity to double check :)

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