Discovery in Restraining Order Cases

A major question in restraining order cases is whether or not discovery is permitted. A little known case answers that question. The simple answer is no. In Thomas v Quintero (126 Cal.App.4th 635), the court held that "there is no provision under section 527.6 allowing for discovery, and in any case, under the civil harassment scheme there is insufficient time in which to conduct discovery." Because the time gap between the issuance of a temporary restraining order and the hearing to determine if the TRO becomes permanent is 21-25 days, there is simply no time to conduct discovery.

Categories: Restraining Orders