QUESTION
Restraining order being filed against me I'm 16 hrs away in college unable to appear can I just submit something to court by mail/not have to appear?
Asked on Jul 24th, 2013 on Domestic Violence - California
More details to this question:
My mother whom I have no contact with for the past year and half is attempting to file an r.o. against me just as she did with my father and grandmother using false allegations Within the past three years I have text her 2 or 3 times and had a visit with her to see my baby sister whom I raised Unaware to the fact that in 2011, 2012 and now she has been attempting to have an r.o. put on me acting like everything was okay I'm not a violent person I am just a kid19 and never did anything to harm her or anything of the sort I'm in college which I have no idea how she found out about and can't afford to have RO put on me because of my new job with the University Shes taking request for RO to a new courthouse since old one denied her an RO on me twice already How can I stop this from happening? I have done nothing not even had a relationship or talk or contact with her in the past 3 years except what previously mentioned the papers served to me were all about my grandma and father
1 ANSWER
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Typically, when served with a Restraining Order, you need to do a response. This needs to be detailed with an explanation for every allegation that she states. Since you are so far away, you could arrange for court call for the hearing--if there is one. It sounds like it should be thrown out at the initial stage since you are in school and are so far away. I would call the court after the initial hearing to confirm that it is dismissed.
You should keep all documentation of prior attempts to file. Also, she must file in the county in which she lives so I'm unsure as to how she could file in different courts.
The way to stop it would be for you to file a restraining order against her or to have her declared as a vexatious litigant. It can be costly to do either and time consuming. You may want to get legal advice as to your options.
Answered on Jul 24th, 2013 at 3:33 PM