Legal Question in Family Law in California

I have went to court for a restraining order against the other parent. and it was granted with peaceful contact and temporary visitation for the other parent. When I went to family court the other parent did not show. ( I am unsure why the other parent did not show. The other parent did not say anything at visitation time with our child.) The court attorney said for me to file a request to enter default. (I am planning to go today to file) I also have a mediation appt scheduled 6/11.
I am not sure where I am going with all this. Is it going in the right direction? What am I too expect after filing the default and does this affect mediation? Should I be seeking lawyer?

Asked on 5/27/10, 9:54 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

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I'm not sure where you are going with this either. If the only documents that you filed against the other parent were a request for restraining order under the Domestic Violence Prevention Act (DVPA), then you do not request entry of default. A request for entry of default is for a petition for dissolution or paternity, after the responding party has been served and they have not responded within the proper time. If the DVPA was filed in the underlying paternity or dissolution case, then the court attorney may have been referring to that and not the actual restraining order.

Answered on 5/27/10, 1:08 pm

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