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Author Topic: Things just went from bad to worse..  (Read 1676 times)

cher bear

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Things just went from bad to worse..
« on: Nov 06, 2008, 08:58:43 PM »
 On Sunday, my partner's ex-wife sent him a text message telling him that since he refused to meet her mom at mcdonalds to drop off the kids after his visitation (there have been a lot of problems as of late and he insisted she pick them up curbside in order to avoid any confrontation in front of the children), she would no longer allow him his visitation until she takes him back to court. Wednesday (yesterday) when he attempted to pick up the children after school for his visitation, his older son hadn't attended that day, and his younger son seemingly vanished while he was waiting for him to come out of his classroom. His ex-wife then went to the courthouse today and filed a bogus DV restraining order, barring him from visitation with the children until the hearing on 12/1. He was supposed to have the children on his birthday next week, as well as thanksgiving, so this is her way of punishing him for not giving in to her demands.

Is there anything he can do to get his visitation reinstated in the interim between now and the hearing.?? What about ex-parte, not sure how that works. Also does anyone know, can she even file for a domestic violence restraining order Pro Per if she still has an attorney of record (no substitution of attorney has been filed).? We are in CA.


stepmum

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Re: Things just went from bad to worse..
« Reply #1 on: Nov 10, 2008, 12:11:44 PM »
Hi,

There are a couple of questions that need to be answered here regarding your post:

1. When did you first have notice of the hearing for the DVRO?

2. What were her specific allegations that would entitle her to a DVRO?

3. Was your partner present at the DVRO hearing or did his ex-wife request an emergency ex-parte hearing?

4. You did not say whether or not the order was approved.

As far as I know, having an attorney does not mean you have to use him or her.

I'd be to help some more but I would definitely need an answer to those questions first.  You can private message me as well.

~L.
~I am not a lawyer; my opinions are my own and not to be construed as legal advice.~

 

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