Legal Question in Family Law in California
restriction order hearing
I have a court hearing in CA coming up in two weeks. However, I'm in IL - is it required that I attend? Or can I file a statement via U.S. mail? I'd really need for the judge to hear my side. Up to this point I've not received a copy of the order and was only informed verbally by law enforcement that there was one in effect.
4 Answers from Attorneys
You must be conversant in your courts local rules on how to appear. If this hearing operates like most, your personal appearance is essential if you expect some control over the outcome.
Restriction or Restraining Order? Whether you appear or not is not something that can be answered without looking into your case. You really need to consult with an attorney here in California to advise you of what you should do. I don't know if there are children involved, but that would also be important.
If you only have verbal notice that is not sufficient. You should file a reply declaration to the allegations that are made. You should retain an attorney to review the court file and then you can probably make a telephonic appearance. You do not want to make an appearance if you have not been properly served. An attorney can pull the file and review it to determine if you have been propertly served.
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