Skip to main content

How do I set aside a restraining order+?

Sierraville, CA |

I filed all the appropriate responsive paper work , turned in my gun and asked to appear by telephone . I received no call and reviewed the minutes and the OR was granted against me . I would like to set it aside and ask for a new hearing . This is in Almeda County . Can you assist me ?

+ Read More

Attorney answers 1


Did you call the court, sometimes the burden is on you to call the court and they will put you on hold until they call your matter. You might have to ask for reconsideration asap and that requires a written motion and explanation that you did not understand court procedure.

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.



Thank you so for your response. Yes, I did call the court that day and left a message. Do I do a motion for reconsideration due to inadvertent mistake, procedural etc. and ask for a new hearing and a telephonic appearance? I live nearly 6 hours away from the petitioner that filed TRO and have substantial evidence that this was not a safety issue. This is a family dispute and only emailed, stating that I would fight for my assets, which they are listed on a BK petition. Nothing else. So the reality is by not procedurally setting up the telephonic appearance properly, It was a default and granted. Thank you so much for your reply, do you practice on Alameda County? thank you again for taking the time to respond. It is greatly appreciated.