Legal Question in Family Law in California
Hi all....
My brother in law filed a false report against me of threatening his life over a year and a half ago. NOT TRUE. Dismissed and moved on. I filed a motion to stop civil harassment and was denied the order because it was a He said She said issue.
He then goes to a different court (in a different County) and files a restraining order on me for threatening his life. (referring to the same case a year and a half ago) I was shocked, I showed up to defend myself, and the opposing team was sick and did not show up. The Judge continued the case. Unfortunately, I got really sick the last few days and I contacted the court by email and phone to ask for a continuance. I was denied and the motion was granted..... WHY? I am so confused. Is this real justice? I swear, detail for detail true. How does one side get a continuance and the other side not?
Is their a motion I can file to overturn the Judges decision or ask her to reconsider? Is there a complaint that I can file? What would you consider my best route?
1 Answer from Attorneys
Motions are granted when one side does not show up. It may be possible to file a motion for reconsideration. You should have filed pleadings with the court in advance letting the judge know this matter had been litigated previously.
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