Stopping Abuse of Civil Harassment Restraining Order Law
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We are interested in your story and your restraining order and would be grateful to receive a copy of it (you may delete any personal references on the form). are compiling data to demonstrate that the Legislature's intent is not being followed by the trial courts. Examples include deletions from the restraining order forms approved by the California Judicial Council, such as the striking by the judge or commissioner of the mandatory firearms prohibition and the personal conduct and stay away orders, or the addition of "other orders" that limit your constitutional rights of free speech and petition or your real property rights.
No jury trial
Not enough time for discovery
Lack Malicious Prosecution remedy
Attorney's Fees
No notice or service required for the ex-parte TRO
(mandatory forms which encourage little or no description of conduct alleged,
fast hearing with no opportunity for discovery,
many hearings scheduled for a single judicial calendar encouraging fast hearings with little testimony)
No advance notice of identity of witnesses
Perfect Storm for "acute ethnocentric myopia"
