Restraining Order Modification Concerns

Summary

It is uncommon for a judge to change a restraining order without notifying the protected party. In California, you should be informed of any changes. If you fear bias, you can request a different judge through a Peremptory Challenge (CCP 170.6). If service attempts fail, you could request Service by Publication or Service by Posting. Consult with a local attorney for personalized advice.

Full Conversation

I had two restraining orders on a neighbor. One was a temp criminal RO, which was dismissed in court. I was not notified or present. The second is a civil RO for three years. This went to a hearing of which I was again not notified of. This was is still in effect, but the judge altered it allowing the Restrained much more freedom to do as he likes. The section with listed weapons in possesion was literally crossed out and initialed by the judge.
Hello ****, I'm sorry to hear about your situation. It seems like you're dealing with a complex legal issue. Can you please provide the location where these proceedings took place? This would help me provide more specific legal information.
Lassen County, Ca. N. Ca.
Hello ****, it appears there may have been a lack of proper communication in your case. In California, you typically should be notified of all updates regarding your case. Here are some steps you could take:
- Contact the court clerk for information about the changes.
- If the changes seem unjustified, consider appealing the decision.
- You may also want to consult with a local attorney for advice.
I files a Request for Order, but Im afraid Ill be ruled against because Im questioning a judge. This is a small town and their thick as thieves because they are thieves. I also havnt served thr restrained because he 'went fishing' the same day and hasnt been back. Then what do I do?
Hello ****, I understand your concerns. Here are some suggestions:
- If you fear bias, you can request a different judge.
- If you can't serve the restrained person, you may get a process server or law enforcement involved.
- You might want to consider seeking legal advice from a local attorney.
The court attorney is who told me to file a Request for Order. How can I request a different judge? The Sheriff department said they can try * times to serve him, but no more if he cant be located. Then what?
Hello ****, here are a few steps you could consider:
- You may file a 'Peremptory Challenge' (CCP *.*) to request a different judge in California.
- If service attempts fail, you could request 'Service by Publication' or 'Service by Posting'. Consult with a local attorney for best course of action.
Is it common for a judge to chane an order and the protected isn't told. This is the second time, both of which I found out when the restrained showed up ON my property bragging that charges were dropped.
Hello ****, it's not common for a judge to change an order without notifying the protected party. In California, you should be notified of any changes. Please consider consulting with a local attorney for guidance.
Thank you.
You're welcome, ****. If you need further assistance or have more questions, feel free to ask. I'm here to help.