Legal Question in Family Law in California
I have a temporary restraining order against my ex wife in California. She filed a DV-120 a response disputing my claims. Her response is full of inaccurate information such as incomplete email exchanges. I would like to file. This new evidence with the court. What forms do I use and do I need to serve her with copies. If I do need to serve her can it be by mail. Thanks for your help.
1 Answer from Attorneys
If you want to file a reply with additional information, then you should file a separate declaration and attach your email or additional evidence in response to that response. You should file your declaration well in advance of the court hearing so that the court has time to review the material. Additionally you need to have someone serve your wife, so that everyone receives proper notice of all documents. Once you arrive in court, if you can not agree on a result for your restraining order, then you would need to go forward with a hearing or set it for a more extensive trial.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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