Her code name is Oprah! I love it!!!

Read it for yourself @ eonline.com.

I don't know all of the facts, but I'm surprised that she was able to obtain an ex parte (i.e., only one side before the court) temporary restraining order ("TRO"). Usually the other side has their chance to be heard before the judge makes a decision. The legal system doesn't like ex parte orders, except in extreme cases where there is some compelling need that seriously outweighs the preference of letting the other side state their case first.

Example 1: A demolition crew shows up at my home and surprises me with an announcement that they'll be knocking down the building in three hours. Here, a TRO would likely be granted.

Example 2: I receive something in the mail informing me that my home is to be condemned, and the condemnation proceedings will begin in a month. Here, a TRO is probably inappropriate, and I should instead seek a preliminary injunction, which will involve a hearing with both sides present.

Back to the specific incident at hand....

At least here in Washington state, this woman would probably seek an "Anti-Harassment Order" under RCW 10.14.080. The normal procedure is to file a Petition with the District Court and get a hearing date. The other party gets served with notice of the hearing, and both parties (or their lawyers) present their argument to the judge.

Ex parte Anti-Harassment Orders are permitted, but they require a sworn statement from the petitioner that an emergency requires the immediate entry of such an order. Under normal circumstances, such an order is only valid for 14 days, and a hearing must be set for a date and time before the order expires.

I don't know about the specifics of New Mexico law, but I'd bet that ex parte TRO's are disfavored there as well. What facts justify this TRO? She lives almost 2,000 miles away from Letterman, so I don't think her request that Dave stay at least three yards away from her is well-founded. Furthermore, The Smoking Gun has put her petition online for the world to see, and she's clearly a nut. (They've also got the TRO itself, but it's completely conclusory and contains no specific findings of harassment by Letterman.)

There's also the issue of whether a New Mexico court has personal jurisdiction over Dave. His lawyers have raised it, but I won't bore you with it. (Legal types: feel free to orgNote me about it.)

Unless there's something else that I don't know, if I were the judge considering her request for a TRO, I'd probably dismiss it sua sponte (i.e., on my own initiative), sanction her, and order her to pay any attorney fees that Letterman has incurred.