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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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.
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.
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