Domestic Violence PRO
A permanent restraining order was given to my daughter's father for me to stay away from him and my daughter and with no visitation. I was present at the court hearing but was not in the courtroom when the case was called because I was in the hallway waiting with my newborn because children are not allowed in courtrooms and the Bailiff did not call me in when the case was called. The PRO was granted and legal custody was given to him with no visitation. I would like to recall the case for investigation because he perjured statements in his declaration stating I called him and threatened to do bodily harm in which I did nothing of the sort because I didn--name removed--have a phone number or have knowledge of their whereabouts at the time he claimed I made these threats. How can I set aside the PRO to file a Paternity case for custody of my daughter? And also since the case was back on March 09, 2009, is it too late for me to file a motion of appeal? Can someone file for custody under the Domestic Violence Act and get custody of a child when there was no DV involved? At the same time, I had started Partenity and he wouldn--name removed--come to court at all because he already filed for custody under the DV Act.
1 Answer from Attorneys
Re: Domestic Violence PRO
If you missed the March 9, 2009 court hearing because you were in the hallway, make a motion to set aside the order based upon your mistake per CCP Sec. 473. Regardless, you can still file a paternity action and seek custody orders.