A TRO denied

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A TRO denied

Anonymous Oct 17, 2013 Business 5 views 1 answers

A frivolous attempt at a restraining order, against me and my husband, was denied by the judge. The plaintiffs are still threatening to press charges. On/for what, I'm not sure. The man hit my husband and gave him a concussion, my husband pushed him to get away from him. I got in between and broke the aggression up. The police came and neither side pressed charges. One week later, we were served with an ex parte restraining order, and it was denied. Am I missing something? What charges can be filed now, and does this count as harassment? We go back to court for a permanent one,, I don't know how if this was denied, in November. Can they grant one then if there's been no contact, this was the first and only incident like this, we hadn't seen them since this happened.

Peter Marek · Accepted Answer · 2026-06-15T10:45:35+00:00

Private parties can not press charges. The DA after reviewing police reports is the only one that can press charges. Either party can seek a temporary restraining order which was denied by the judge according to my reading of your post. Either party can request and set a hearing for a CIVIL restraining order. If you have a court date make sure you appear. The judge will look at the filings and responses thereto as well as weigh any oral testimony of the parties in determining the appropriateness of granting a restraining order. Harassment? Could be, if the judge believes that he or she will likely admonish the party(S) and hopefully issue the proper decision. You should seek local counsel by re-posting this Question in the CIVIL: PRACTICE AREA. Many very qualified attorneys will offer a free consultation. Absent the DA filing a criminal charge against your husband this is not a domestic violence question. Good luck. Hope this is helpful?

A TRO denied

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