Legal Question in Family Law in California

OSC Domestic Violence Orange County, I need case law, procedure, a general idea how to defend myself. I am 2500 miles away and have a hearing in 4 weeks. I am broke, the wife has money.


Asked on 1/14/11, 4:01 pm

1 Answer from Attorneys

Isi Mataele 'Isi Mataele Attorney at Law

There are not enough facts to help you with this. You have a right to trial on the disputed facts unfortunately in a trial where the court has jurisdiction you have to appear or risk a default unless you submit on pleadings.

Sometimes the law is very burdensome but they are the laws.

Factual arguments must be handled at a trial so request a trial. They technically can force you to have a trial the day of the hearing for the permanent Domestic Violence Restraining Order (DVRO).

Not knowing any facts you could attack the law as being unconstitutional for various reasons since it is overbroad, arbitrary, and civil restraining order laws that are similar require clear and convincing evidence, thus DVRO would then violate equal protection/ due process. Laws that have similar goals cannot treat people differently.

Please respond with more facts to know which law would best apply. The reality is you need an attorney because the law is against the accused.

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Answered on 1/19/11, 5:20 pm


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