Tentative Ruling

Judge Thomas Anderle
Department 3 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107

FAMILY LAW
Merced Ruiz Garcia v. Jose Antonio Rincon
Case No: 19CV05605
Hearing Date: Tue Nov 05, 2019 10:30

Nature of Proceedings: Req. for Order: Harassment Restraining Order

Req. for Order: Harassment Restraining Order

In Pro Per; needs Spanish interpreter

Ruling: There is no proof of service; a new date may be selected by Merced Ruiz Garcia, if requested, to allow for service.

Analysis

On 10/14/19 Merced Ruiz Garcia sought and obtained an EPO [personal conduct and stay-away orders], via the police, and it was granted by Judge Adams with an expiration date of 10/21/19.

On 10/21/19 Merced requested a Civil Harassment Restraining Order CH-100 asking the Court to protect him and his 15 year old son [special needs] and his wife from Jose Antonio Rincon; claims Jose allegedly abused Merced’s son in 9/2017; he is just now asking for the order because he only recently learned about it; the Commissioner denied the request; said it was denied “Due the passage of time, an order will await a full hearing;” the Commissioner set the hearing for 11/5/19.

There is no Proof of Service and the request must be denied; moving party can ask for a new date to give him a chance to serve the request for a Civil Harassment Restraining Order CH-100.