I was served with a TRO. I have had no contact with these individuals other than a lawsuit filed against them due to their malpractice and defamation. My mother wrote a rip off report about them as these lawyers are outright scamming their clients for a lot of money.
I wrote about them on a blog too because they are lawyers that must be avoided because they are con men. . A hearing was held . I was not notified. The commissioner made an attached order - me or my family not writing anything "defamatory or untrue" on the interenet. First, I never wrote anything defamatory( and if we did they could sue for defamation.) Secondly, can a judge, without a hearing, tell someone to not write defamatory things on the internet ? If what I could write is true then what kind of fear should I be in?
You received notice of a hearing and didn't show up, a circumstance where the judge makes a determination of what to do without your side of the story. When you don't show up, the petitioner is often granted his requested relief, in this case, a temporary restraining order.
Yes, a judge can order you to refrain from doing such. Obey the order, full stop. Don't mess around with a judicial order.
The next step is for the court to follow-up with the merits of the petitioner's case and evaluate the possibilities of relief and damages. You need to retain and consult a lawyer so to tell you whether you're at stake to have any financial liability. This isn't over yet as they may have requested money damages from you.
You do have first amendment rights and California has good statutes that protect your rights (anti-SLAPP statutes). However, when you ignore the legal process, you generally lose in a big way.
Consult a lawyer. Do not consider my response as an opinion, counsel or advice. Contact a local lawyer to review your case and communicate your options to you. Proceed expeditiously and with caution. Best of luck.
Yes, you must obey the order or your risk contempt of court, which would allow for jail time. You can post true comments on the Internet and Opinion-based comments. However, since you have an order against you already, you are dancing on the head of a needle if you try to state your negative opinion about someone that is included in the order.
You are best to drop it. If you are committed to your cause and believe you were wronged, you really do need an attorney to even consider dealing with this.
The recommendations in this answer are not considered legal advice for the purposes of ethical evaluation, nor do the create a retention of counsel wherein an attorney-client relationship exists. These recommendations should never be relied upon without first consulting an attorney in your jurisdiction. I am not your attorney, unless we enter into a written agreement fulfilling the terms of that agreement. The comments posted herein are purely for educational purposes and public discourse only.
Consumer Protection Attorney
I agree with both of the above responses. You cannot ignore a summons or order to appear and expect the Court to do anything to protect your rights. Your rights are protected by appearing, hopefully with Counsel, to protect yourself.
To discuss this answer with me in more detail, please call (805) 244-5291 or email me at firstname.lastname@example.org. This answer is intended to provide general information only. It does not create an Attorney-Client relationship, nor should it be construed as legal advice or an opinion on specific situations. Eric D. Ridley is only licensed to practice law in California.
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