Restraining order extended in Gomez case

BURBANK, Calif.?? A civil judge extended a temporary restraining order Wednesday but refused to issue Selena Gomez a lengthier order against a man accused of stalking the singer-actress.

Superior Court Judge William Stewart said he will not grant a three-year restraining order while Thomas Brodnicki remains on a psychiatric hold unless he has assurances the man had an opportunity to be represented at a hearing.

Stewart did extend a temporary order requiring Brodnicki, 46, to stay 100 yards away from the "Wizards of Waverly Place" star until a Jan. 6 hearing.

Los Angeles Police Detective Jose Viramontes told Stewart that Brodnicki is in a hospital on an involuntary psychiatric hold and efforts are under way to place him under a conservatorship. Viramontes said those proceedings, which would place Brodnicki under court supervision and could establish a treatment plan, could take 10 months.

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The judge said allowing Brodnicki time to contest the restraining order is a basic due process issue.

Gomez's attorney, Blair Berk, argued that Brodnicki had an opportunity to contest the order and briefly had a public defender in another case who could have handled the issue.

Another judge recently dropped a felony stalking charge against Brodnicki after determining prosecutors hadn't proven he had caused fear for the star.

Berk argued that the civil order was the only court protection for Gomez.

Gomez, 19, did not attend the hearing. She wrote in a sworn declaration that she was in extreme fear after learning that Brodnicki had threatened to kill her while he was on a previous psychiatric hold.

Prosecutors accused him of traveling to Los Angeles and stalking the actress between July and October.

Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Source: http://today.msnbc.msn.com/id/45418642/ns/today-entertainment/

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