Legal Question in Family Law in California
re-hearing/domestic violence/ex-parte
mom files TRO, TRO granted for mom and child age 2 1/2 yrs., court orders hair follicle drug test for dad, dad test results pos. methamphetamine, court grants 3 yr permanent restraining order, dad is only granted monitored visits 4 hrs per wk., while in court dad was treated unfairly, court would not review his defense (mom and dad in pro per)dad has pertinent info which is meaningful to this case and shouldve been made known to the court, dad has not had consisitent visitation w/son since 10/1/01 because mom denied his rights and then because of TRO dad has not had consistent/frequent contact w/son for 7 mos.and the hair follicle test results showing a 2-3 month recent history of use. is this considered to be child endangerment/abuse even if the child has not been in dads care. dad admits to using a few times 2 mos ago, but is not a frequent or heavy user, is willing to enroll into skin patch monitoring to prove sobriety to court, how can this case be re-heard with all of the documentation and defenses from dad? what needs to be filed w/ court? thankyou for your time.
1 Answer from Attorneys
Re: re-hearing/domestic violence/ex-parte
You will probably need an attorney to present all of the evidence before the court. You can seek a modification, but unless you convince the judge that things have changed, probably nothing will happen. You have too many facts and variables for advice over the internet to be of any use to you. Good Luck, Pat McCrary