I have a hearing tomorrow at 1:30 pm and my packet with proof, witness reports as well as my own report (lots of info in it to refute the TRO against me) will arrive by 10:30 am. That leaves the judge 3 hours to review, but if he has other cases before ours, how will he be able to go through all my proof. I obviously do not want him to miss anything as what I have provided is to my defense and needed to be viewed. I was served 5 days ago, so it took me a few days to prepare everything, and I sent it today (Tuesday morning) to arrive tomorrow before the hearing. The permanent (or not) r.o. will b e considered then, so this is why it is so crucial that the judge reviews the case throughout. How will this work because if he starts reading my report and looking at the e-mails I have
provided at 1:30 when the hearing begins, then out hearing will go on for hours lol. Can you explain please. What can I do to make sure that the whole packet is reviewed by the judge. It's a false TRO and this is why I am motivated that the judge hears me completely in regard to the documentations I provided. Again, I will be joining by phone. Will I be able to ask for a continuance if the judge does not get a chance to review it before our hearing. That way he can not complain that I am late in response. Advise please as I am really lost as to how that will work. obviously , if he has other cases before ours, then he won't be able to review anything, am I correct.
Why was the TRO put into effect? Is this a criminal case, family law, or other civil? All of that matters. It seems like you just selected a bunch of different topics but you wont be able to get an accurate answer until the proper topic is selected. From what you described, this doesnt sound like the TRO arises out of a Criminal defense case, and it definitely doesnt sound like it is actually DUI related as your topics suggest. Please consider revising the topics you posted this under.
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Administrative Law Lawyer
Usually the Judge will look through it prior to hearing the afternoon cases. This sounds like a Civil Restraining Order, not a criminal one. You should hire an attorney and ask for a continuance.
Seth Weinstein, Esq.
Practicing throughout Southern California
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
Criminal Defense Attorney
Confusing, but this sounds like civil matter. Contact today a civil attorney and discuss.
Criminal Defense Attorney
The judge won't have time to read everything you sent because it is late. That is not his fault. That's yours. So you need to start off with a good excuse for filing late, then ask for a continuance so the judge has time to examine the papers. If tomorrow is the hearing on a permanent RO it is imperative that you ask for a continuance and hope the judge gives it to you.
The first obvious issue is why are you doing this yourself. This is not a criminal matter but falls within the umbris of Family Law. That said they have a quasi criminal element to them and I have done quite a few. I agree with the committee. Get a lawyer and get yourself time to prepare. A restraining order can be extremely damaging and is often used by the aggrieved party to dummy up criminal charges later. You DO NOT want a restraining order. If you get that continuance and you want a consult give us a call.