Judges Discretion On Tro

Summary

In California, a judge can issue a Temporary Restraining Order (TRO) based on evidence, even if the victim requests a Protective Order (PRO). This is governed by California Code of Civil Procedure Section 527.6. A TRO provides immediate protection until a court hearing, while a PRO can last up to 5 years. Both orders can be requested at the local Superior Court. During the court date, the judge will consider all evidence before making a decision. Legal representation is advisable for navigating this process.

Full Conversation

Can a judge by law Grant a tro even if the victim ask for a pro in California
In California:
- A judge may grant a TRO (Temporary Restraining Order), based on the evidence presented, regardless of whether the victim specifically requested a PRO (Permanent Restraining Order).
- The judge's decision is based on the law and the circumstances of the case.
Could you clarify the specific situation?
Where could I get proof or what code states that a judge can make that decision
In California, the legal code that governs this situation is the California Code of Civil Procedure Section *.*. It states that a judge can issue a TRO based on evidence of unlawful harassment. This decision is at the judge's discretion.
Even if at the court date the victim ask for a pro
Yes, even if the victim asks for a PRO at the court date, the judge can still issue a TRO if they believe it's appropriate. This again is guided by California Code of Civil Procedure Section *.*.
Ok thank you I hope this will be enough to show the judge the judge asked me to research because she was not sure if she can grant the tro over a pro asked by the victim
Yes, the California Code of Civil Procedure Section *.* should be sufficient for the judge to understand that they have the discretion to issue a TRO, even if a PRO is requested. It's important to present the evidence supporting this need.
Ok thank you????
You're welcome, ****! If you have any more questions or need further assistance, feel free to ask. Good luck with your case!
Does that also go by family law
Hello! Could you please clarify which legal issue or situation you're referring to? Also, it would be helpful to know your location for more specific guidance.
A judge being able to grant a tro even if a victim ask for a pro
It seems you're asking about the differences between a Temporary Restraining Order (TRO) and a Protective Order (PRO). Could you please specify your location? That will help me provide more accurate information.
California
In California:
- A judge can issue a Temporary Restraining Order (TRO) even if a victim requests a Protective Order.
- A TRO is typically issued for immediate protection and lasts until the court hearing.
- A Protective Order can last up to 5 years.
- Both orders can be requested at the local Superior Court.
- You should consult a legal professional for advice tailored to your situation.
During the court date in the court room
Explanation: During the court date, you'll present your case to the judge. They'll consider all evidence and arguments before making a decision. It's advisable to have legal representation to guide you through this process. Do you need referral to a legal professional in your area?
No thank you thanks again also ????
You're welcome! If you have any more questions in the future, feel free to reach out. Best of luck with your situation.