The court has postponed today’s hearing on my motion for a restraining order against my former landlord, Dick Smith, pushing it back by three weeks. This delay comes after the hearing was already set outside the ideal timeframe for its intended impact—by the time the hearing was originally scheduled, I had already moved out, nullifying the potential benefit of further protection or stay.
Notice of Hearing for Protection Order - James Alan Bush vs. Richard Smith by James Alan Bush on Scribd
While the delay initially felt like another instance of justice being denied, there may be a silver lining. A crucial police report, which would have supported my argument in court, was never filed. This oversight leaves a significant gap in my evidence, rendering one of my key contentions unprovable. However, this postponement gives me the opportunity to order the police officer’s body cam footage, which will take some time to acquire. In this light, the delay might actually work in my favor, allowing me to be better prepared for the hearing than I would have been otherwise.
While the necessity of a protective order diminished once I vacated my apartment, it could still play a critical role as I move forward with litigation. Not only would it provide personal protection during this process, but it could also be instrumental in securing the monetary damages owed to me when the landlord inevitably loses. The protective order requests that Mr. Smith’s firearms be confiscated, which are likely valuable assets. If these assets are held by the county sheriff, it increases the likelihood that I will be compensated, as it prevents Dick from hiding his assets to avoid paying the judgment against him.