Posted by:
elderolddog
(
)
Date: November 29, 2015 06:55PM
Just to make things clearer, hopefully...
I'm relatively familiar with restraning (or retraining) orders in CA. I've read the court files on at least 40 of them over the past 33 years; they are wonderful sources of information when you're looking for someone, or doing a background check.
The aggrieved person seeking the RO, usually without the assistance of an attorney, goes to the courthouse and gets the paperwork for a Temporary RO, then begs for a pen from someone, then sits down and figures out how much to lie. (Most TRO are all about spousal abuse.) There's usually a basis for the RO, but most people assume that it doesn't hurt to juice up the stories a little, just to make sure.
After the form is filled out (along with the form for waiver of costs) it gets quickly processed and a copy is given to someone not a party to the action who then serves it on the party to be restrained. (Actually, 'retrained' is starting to make more sense!)
Included in the TRO paperwork served on the party to be restrained is notice of the date, time and location of the hearing at which a judge will determine whether the TRO will be make permanent or be vacated. Both parties testify, if present. The majority of RO files that I looked at had no appearances by either party at the hearing.
In Lue's case, she had to be served with the TRO paperwork, or else the matter couldn't proceed, unless her son got someone to lie under oath about serving her. The TRO paperwork would have detailed the activity her son felt was worthy of being strained.
It had to involve personal danger. It's not enough to say, "I don't like her and want her to stay away." Nor can you just say, "I think he wants to hurt me!" Details have to be provided, and not just "She beats me!" Dates, times and locations have to be listed, along with witnesses. This is why people often lie on the TRO applications...
"She is trying to kidnap my children!" would be a good one, but again, details are needed, and the capacity to carry it out would have to be detailed.
"She is trying to turn my children against me and is trying to get CPS to take them away..." probably wouldn't work, but I could see a judge being interested in the situation because of the kids...
I know I'd be fascinated in seeing the two TRO applications. Totally fascinated.