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How do I get a temporary restraining order rescinded?

Pleasant Hill, CA |

These people filed a restraining order against me to delay me from evicting them , and the cops busted down my door the other day because the TOR was granted , and all they had to do was tell the cops some story and it really really scared me . I need to go to court and tell them that this TOR is bulls * * and these people are trying to use the law to harass and intimidate me during the eviction process . These people are drug dealers and the cops didn't even listen to me try to explain . These people even have warrants out for their arrest and the cops tried to arrest ME . How do I get this TOR rescinded before I get arrested for something that I didn't even do ? How do I file a grievance against the police department ? I need help right NOW ! !

This thing tried to autocorrect my spelling. I wrote T-R-O, not TOR.

Attorney Answers 3


  1. Your tenants probably received the TRO as part of their application for an order prohibiting harassment, although there are other types of restraining orders. The police may have given you the order. If so, the court set a date for the hearing in a few weeks.

    You go to court on the date specified to show the judge the facts. Before going to court, you prepare extensively for the hearing. Consulting an attorney would be wise.

    If you have not received any papers, call the clerk of the court to see if you have a hearing coming up. Get a copy from the clerk's office so you can prepare.


  2. All great advice provded by Mr. Eschen. There are attorneys who do restraining order law. In this case I believe it may be wise to hire an attorney to fight this for you. An attorney will know the bases on which to get the TRO rescinded. 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. Quite frankly you are a classic example of an individual who desperately needs to hire a very experienced lawyer who deals with restraining orders. You are already behind the eight ball, there is no magic dust and you need to get serious aggressive hands on practitioner to take care of business for you. Don’t hesitate but move quickly.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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