Legal Question in Family Law in California
I am currently going through a bad divorce with a man who was very abusive. Him and I have 1 child together. The courts issued a DV restraining order in may of 2010 which protects my daughter and I , as well as my parents whom my daughter and I live with.The order also granted me full custody and granted the father only supervised visits only to be done at a court designated location. In the divorce paperwork, he is requesting joint custody. This man has made threats in the past to take her away from me, and that I would never see her again.He made many attempts to contact me,even though restraining order was in effect. My mother reported his attempts to his parole officer.I then started receiving threats from people(one of them was his exgirlfriend) through text messages saying retaliation would be made for us contacting his parole. A week later my daughter and I were attacked by this same ex girlfriend of his. My daughter and I both were rushed to the er and cat scans were done to check for internal injury.My parents car and my car was vandalized numerous times as well as windows were broken at our houses. My mother sent numerous complaints to his parole that we were living in fear of him, but they said nothing could be done cause we did not see him do it and could not prove it. Of coarse not, he was having someone else do it for him.After weeks, and weeks of complaints, his parole finally decided to put an ankle monitor on him so he had to be in by a certain time at night. Evidentally, he decided to cut it off at some point and parole was looking for him. He has since been arrested and is currently in jail. Our court date for the divorce and custody is set for February 16th 2011 which is just a few days away. And today I received a paper in the mail sent from my soon to be exhusband's new pregnant girlfriend. it is a document stating proof of service for a document described as affidavit of prejudice on interested parties. It is signed by her.This paper is the only paper that came in this envelope, no other documents were included.I have no idea what this is since there is no document included. Is this document she sent me valid if it did not include any other document? And what could this be for? Any help at all would be greatly appreciated as soon as possible. Our court date is set for Feb 16, only a few days away and I was sure that I had everything I needed to present my case and why I am requesting full custody but now I'm not to sure. Is there a way for me to check online to see what this might be about?Time is of the essence to keep my little safe and away from this man. He has made threats in the past, he even went as far as to have someone attack me and our daughter was caught in the middle of it. Please help.
1 Answer from Attorneys
If you are being contacted by third parties and you have a restraining order in place protecting you then your recourse is to contact the police to report a violation of the restraining order. The police will decide whether they want to prosecute it or not. I have no idea what an affidavit of prejudice is. If it is a declaration then that is simply a statement under penalty of perjury that the facts and testimony would be as stated in the papers. Your case seems like it is more than you can handle on your own. You should go to the family law facilitators office in your county to get some advice on how to best prepare you for your court date. If you need time to find an attorney or representation, then you can ask that the court continue the date to allow you to find legal representation.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
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