Legal Question in Family Law in California
In California my ex-boyfriend motioned the courts in 2010. Since then there has been numerous court apperances. Keep in mind he is the Petitioner and I am the Respondent. I have now filed an Ex-Parte that was then denied and set for regular court hearing. Since I am the one who wrote the Ex-Parte and Motioned the courts I would be considered the Petitioner and my Ex-boyfriend the Respondent Correct? Is it either party who motions the court with an open case that person becomes the Petitioner. Correct? Can someone please tell me where I can find that out so I can read the rules on this issue. I need to bring it into court with me.
2 Answers from Attorneys
That is incorrect. The Petitioner is the person who filed the original "Petition" with the court. The Respondent is the one who filed a "Response" or otherwise was in the responding position in the court case. So the Petitioner's name v. Respondent's name is the title of your court case. This does not change.
I agree with Ms. Bridgford. The person who files a motion is called the "moving party" not the petitioner. The petitioner is the one who filed the petition in the first place and will always remain the petitioner for that case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
