California  |  Family Law

Legal Question

Asked on: 7/20/03, 12:38 am

Temporary Restraining Order

In reference to a TRO I had against my ex-husband to protect myself and my children I was mistaken by the date mailed to me on the date for mediation. The case had been ongoing for 2 years and my ex had finally obtained counsel at the advice of the judge. The ocurt date was 7/15 and the mediation was set for 7/18. Our mediation was always on the same day as our court date and I thought our date was the 18th as described in the letter I received from the Superior Court. Unfortunately, my ex's attorney (not he) showed up on 7/15 and since I was not there the TRO was dissolved which would now put the old court orders back in force. This means that my children may be forced to visit their father who before the TRO was put in place threatened them with death, hit them etc. When I went before the judge on 7/18 and had filed for another restraining order explaining my mistake with the date and showing him the letter, he told me to file for a movement to restore to calendar. Maybe I need to vacate the judgement? How do I do this? What forms do I file? My children are almost 17 and 18 but may still by court order be forced to go with him and they are very afraid of him. Please advise me.

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