Legal Question in Family Law in California
Pre-emptive strike
My capable female employee had been married for 6 years. Gave her husband a son, pays all household expenses and sponssors husband for permenant residency which is still pending after 18 mos.Husband also had no sex with her after child was born,then accuses her for adultery despite previous consenting remarks. With no evidence of adultery, husband threatens wife who called police.In self defense wife threw a mirror which cut husband. Police arrested wife with restraining order. Upon expiration, Husband submitted another restraining order for 3 more weeks depicting wife as absusive to child and requires wife to pay all expenses and not allowed back home.Wife is totally broken up and on visiting with child
who apparently was coached to run away from mom.
Apparently husband is trying to paint a picture of abusive mom to win custody of child. How is it possible the second restraining order can be granted without the presence of wife's attorney ?
1 Answer from Attorneys
Re: Pre-emptive strike
The allegations of adultery really aren't relevant in the court's eyes. What you describe as a second restraining order sounds like a temporary restraining order/move out order which are granted or denied on an ex parte basis. This is not a matter for which the government will provide you representation, if you want an attorney, you'll need to hire one. Additionally, so long as she had proper notice, an ex parte hearing (think: emergency hearing) will go forward with or without her. There should be a permanent hearing set a few weeks out.
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