Legal Question in Family Law in California
My ex put on a motion and I was unable to attend due to my son being violently ill that morning. I called the courts and let them know the situation and the clerk told me she would inform the court.
I received the minute order from the court stating they had granted the motion. It also stated that I was unable to attend because of childcare issues. That clearly wasn't the case, but because ample time was given before the hearing, the courts felt I had neglected to arrange childcare for the day.
This was to be the first hearing of this case with the new rotation and the judge is unfamiliar with the case. I have a restraining order on this person for trying to strangle me in front of our children. He is constantly harassing me and making fearful he is going to do something to take the children from me. He calls me constantly to talk to the children which he does one at a time, calling back to speak to each one several times a day. He is only supposed to contact me for issues of visitation, yet he is constantly getting me on the line and threatening to take the children because he doesn't want them to live here. This is a person who will do or say whatever it takes to get to where he wants to be. He is now going so far as to say the children are being molested and I am allowing it. I'm humiliated and sickened and I am loosing ground. I need help. Is there a way to go in and still plead my case. I know I have to file for harassment but I have 15 days to provide this man, who is out to ruin me, documentation from my personal Human services case. He already got permission to be allowed the documents from the courts but was turned down by the legal department of Human Services stating it is privileged information and by law they cannot release it to him. What do I have to do to to have the courts take a second look and possibly reverse the order?
1 Answer from Attorneys
It would seem that the first order of business would be to get back on calendar to set aside the order that was entered because you could not appear at court. I also would suggest meeting with an experienced family law attorney to assist you with this complicated family law case.
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