I’m in the middle of preparing for a final restraining order hearing in California, and I’m not sure about the process. Should I file and serve a list of witnesses and exhibits ahead of time, or should I just present them during the hearing? Also, since I’m representing myself, will there be cross-examination for both parties? My TRO is against my ex for harassment and stalking, and he has a lawyer. Any advice would be greatly appreciated!
Definitely file your list ahead of time. The court expects both sides to share their evidence and witness lists beforehand. It helps make the hearing go smoothly and avoids any surprises!
BrianCopland said:
Definitely file your list ahead of time. The court expects both sides to share their evidence and witness lists beforehand. It helps make the hearing go smoothly and avoids any surprises!
I agree! That’s what happened in my case. Gave everything in advance, and it made the process much smoother. You’ll also have a chance to cross-examine your ex and any witnesses.
@berryl
Good to know. Thanks for the reassurance! I wasn’t sure if I’d be able to question his witnesses or just mine. Glad to hear it’s all fair game.
You should definitely file it in advance. That way, everyone has a chance to review the evidence before the hearing. Cross-examination is a thing, so you’ll be able to ask your ex and their witnesses questions, too.
@Darlene
I thought you could just submit a written statement instead of having a witness come to court? That’s what my lawyer did once.
Devi said:
@Darlene
I thought you could just submit a written statement instead of having a witness come to court? That’s what my lawyer did once.
Unfortunately, the judge will only consider in-person testimony for a restraining order hearing. So your witness would have to be there to testify in person. I know, it’s a bit of a hassle, but it’s the rule.
Just a heads-up, you’ll want to be really familiar with your evidence before the hearing. They’ll probably ask a lot of questions about it, especially your ex’s lawyer. It’s good you’re preparing in advance!
@Thorn
That’s what I was worried about! I’m trying to go over everything, but I’m a little overwhelmed. Any tips on what to focus on most?
BrianCopland said:
@Thorn
That’s what I was worried about! I’m trying to go over everything, but I’m a little overwhelmed. Any tips on what to focus on most?
Focus on the key pieces of evidence that show the harassment and stalking clearly. Anything that supports your case directly will be super important. Try to keep it simple and stick to the facts!
Good luck with everything! I had a similar situation, and getting everything filed in advance really helped my case. Be sure to check out the specific court rules too, they sometimes have additional guidelines on filing.
You’ll do great! Don’t worry too much about cross-examination, just be calm and ask clear questions. Stick to the facts, and you’ve got this.