Legal Question in Family Law in California
Given notice by telephone for non existant ex parte case
I was given notice on a Saturday night regarding ex parte hearing the following Monday before 8:00am. The call came from my X's sister and you could hear him in the background telling her what to say (they left it on my answering machine), I went to court as notified and there was no such case or hearing. The police said to file a R/O regarding harrassing phone calls.(The father was setting up visitation with my 12 year old son insteading of asking me and there was not a court ordered visit for that time.) What else should I do. Can I block the father's phone number? And forget about the restraing order?
2 Answers from Attorneys
Re: Given notice by telephone for non existant ex parte case
There isn't a real good answer here. I don't agree that you could get a restraining order for harassment. You might get the judge to order no ex-partes absent a physical threat to child. However, all of the orders that you get will take you more time than you spent going to court. I would suggest that you save the recording that gave you notice to use at a future hearing to help establish that you ex is not a reliable person. The judge will generally not appreciate the game playing will see the manipulation for what it is. Good Luck, Pat McCrary
Re: Given notice by telephone for non existant ex parte case
Self help is rarely the right answer in these types of cases. Don't block the phone. You should try to get the restraining order.