Legal Question in Family Law in California

if you have a family law case i.e elder abuse,a restraining order

who hears motion to vacate or and substantive motions?

which judge hears trhe motion? the original trial judge or a judge from a panel or appeal judge.

in a motion to vacate can you include a substantive motions in it or do you file a separate motion?


Asked on 10/13/11, 6:29 pm

1 Answer from Attorneys

The original judge would hear any subsequent motions unless they have been rotated out of that assignment, in which case the new judge in that department would hear it. A motion to vacate IS a substantive motion, except in the highly unlikely event you have a procedural challenge to the restraining order.

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Answered on 10/13/11, 6:40 pm


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