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Can someone who has a Civil and Criminal Restraining Order (protecting me) get a Restraining Order against their victim?

Sacramento, CA |
Filed under: Criminal defense

He is currently facing criminal conviction. He recently dismissed a civil lawsuit against me (his victim) and I just found out he has filed a motion to dismiss (which the DA is handling) and has filed an Emergency Restraining Order against me. Should I appear at the Emergency Hearing (although I'm scared to death to face him)....or write a letter to the judge before this hearing? I just found out today (Friday) and the Emergency RO hearing is set for Monday afternoon.

I haven't been ordered or received any paperwork. It's the ex-parte application emergency hearing that takes place immediately after he filed. I haven't been notified, I only know it's taking place because I found the new case on the court's website when I was looking at the status/docket for the criminal activity against him. So, it's his initial meeting before the judge. Should I appear to that? Since I haven't even been served or noticed (cause it's the beginning), should I write a letter to the judge?....File specific form and notice to the judge?....and/or show up? Will definitely let the court marshall's/baliffs know when I arrive...and, will call the DA first thing Monday morning (actually already left a voice-mail). I'm just worried that the judge may naively take his case seriously and approve a temporary RO based on non-sense without being aware of the other case and the continued civil abuse of process.

Attorney Answers 3

  1. Best answer

    If you have been ordered to appear at the EPO hearing then you have to appear. Call the D.A. on Monday morning. Express your concerns. When you arrive at court, notify the sheriffs at the exray machine of your issues.

    File a response to the EPO filing.

  2. Since this is more appropriately a criminal matter, I have added that to your categories. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

  3. It is not unknown for defendants who have received restraining orders to get one against the victim.

    Your fears are understandable. You may appear with an attorney or some support person.

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