Legal Question in Family Law in California

Reply: If served with Domestic Violence Papers

You should have been served with blank responsive pleadings at the same time.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: If served with Domestic Violence Papers

You should have been served with blank responsive papers also for you to fill out. I would recommend you review them with retained attorney. This is a serious matter.

Re: If served with Domestic Violence Papers

You must use a special form called "Responsive Declatation to Notice of Motion or Order to Show Cause." You can get it on the internet or at the clerk's office if one was not served on you. You do not have to file the form if you do not care if a restraining order is entered against you. But if you deny the charges and you care, then you will need to file the form to prevent the restraining order. Note that if a restraining order is entered against you, you may not be able to have a gun and may not be able to work in certain professions like law enforcement or security.

Re: If served with Domestic Violence Papers

First retain an attorney to represent you. Then determine whether there is the possibility of criminal charges being brought against you. If there is a possibility of criminal charges being brough against you go to the hearing and request a continuance. The court should continue the hearing to a date so that it is after criminal proceedings have been completed. Any response to the DV restraining order could be used against you in a criminal case.

Also make sure that you have no contact with the protected party. Even if that party attempts to contact you do not have any forbidden contact with the protected party.

Because of the potential for really serious consequences you must approach this matter with caution and the advice of a good attorney.