Restraining order reconsideraton

[KSwin]

When I went to court for my restraining order request the other party never showed. Now he has hired an attorney and they have filed a request for reconsideration. He says we don't have grounds for it and oh, he forgot what time the court date was and missed it!! (yeah right) Does anyone know if the judge can deny that request or does he automatically have to hear the other parties side of the situation? Would we automatically have to go back to court?

 

[seniorjudge]

When I went to court for my restraining order request the other party never showed. Now he has hired an attorney and they have filed a request for reconsideration. He says we don't have grounds for it and oh, he forgot what time the court date was and missed it!! (yeah right) Does anyone know if the judge can deny that request or does he automatically have to hear the other parties side of the situation? Would we automatically have to go back to court?

Q: Does anyone know if the judge can deny that request?

A: Yes, the judge can deny the request.


Q: or does he automatically have to hear the other parties side of the situation?

A: This is not automatic but discretionary on the part of the judge.


Q: Would we automatically have to go back to court?

A: See prior answers.

 

[KSwin]

Thank you SeniorJudge. That helps me relax a little.

 

[KSwin]

oh, one more question for now...if the judge denies the request, can the other parties attorney do anything more or would the case be closed?

 

[seniorjudge]

Thank you SeniorJudge. That helps me relax a little.

Be ever vigilant.

 

[seniorjudge]

Q: oh, one more question for now...if the judge denies the request, can the other parties attorney do anything more or would the case be closed?

A: They can file new stuff all the time.

 

[KSwin]

Well, like what kind of new stuff? Can you elaborate?

 

[seniorjudge]

Well, like what kind of new stuff? Can you elaborate?

Appeal, reconsideration, motion to rehear, just use your imagination....

 

[KSwin]

I looked at my paperwork again last night and it is a Motion to Rehear, so if the judge denies that what else could the attorney do?