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?

Asked on 11/24/08, 9:18 am

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

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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

Answered on 11/25/08, 12:09 pm

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