Superior Court Judge William Stewart says he will not grant a three-year restraining order while Thomas Brodnicki remains on a psychiatric hold unless he has assurances Brodnicki had an opportunity to be represented at a hearing.
Stewart on Wednesday extended a temporary order requiring the 46-year-old man to stay 100 yards away from the "Wizards of Waverly Place" star until a Jan. 6 hearing
Another judge recently dropped a felony stalking charge against Brodnicki after determining prosecutors hadn't proven he had caused fear in the star.
Gomez's attorney Blair Berk argued that the civil order was the only court protection for the star.