Legal Question in Family Law in California
Domestic Violence Restraining Order ''lost'' in court
I filed for a Domestic Violence Restraining Order in my local court in early May but it got transfered to another court to be combined with divorce proceedings to have been heard in early July. My restraining order paperwork got ''lost'' or delayed before the hearing (because of the transfer) and so the judge refused to hear it and just stated that we should both not bother each other and that he shouldn't contact me. Now the offending party is starting the problems up again. Is there a way I can request or demand for the original restraining order to be reinstated and heard (do I have a RIGHT for this to be heard still so long afterwards since it was the court's error?) or do I need to file for a new restraining order?
2 Answers from Attorneys
Re: Domestic Violence Restraining Order ''lost'' in court
Timing may be critical as impending or actual harm is a key. If new actions by perpetrator, may file for new restraining order. Call to discuss. 800-685-6950
Re: Domestic Violence Restraining Order ''lost'' in court
It appears that the original violent conduct was never never by the court. Therefore there is no court decision by the court. You may therefore file a domestic violence restraining order based on the prior offenses. Include the present conduct, which appears to escalating in intensity and may be building upto a violent attack. After you file the new request for a dv restraining order keep a copy with the clerks file stamp on it and an copy of the filed proof that he has been served. Also put both the dv case file number and the domestic case file number on the request for a dv restraining order.
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