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.


Asked on 1/14/13, 12:30 pm

2 Answers from Attorneys
Zaida Zuraek Bridgford Law Office of Zaida Z. Bridgford

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.

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Answered on 1/14/13, 12:40 pm
Anthony Roach Law Office of Anthony A. Roach

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.

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Answered on 1/14/13, 4:35 pm


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