Legal Question in Family Law in California

On August 5th, 2013 Petitioner my ex wife filed an Ex Parte Temporary Restraining order Against Respondent me alleging Domestic Violence based on alleged harrassing text messages. The court set the matter for hearing on August 22, 2013. On the hearing date I appeared asking the court to vacate the Temporary Order on several grounds. The Judge at that time denied the motion orally in court. I then asked for a brief continuance to better prepare a response since I was only served two days prior to hearing which I objected to service, once again denied. Where that Judge stated "Im not going to dismiss based on some technicality". The formal hearing for the Temporary Restraining Order was set for October 22, 2013.
On October 22, 2013 I once again asked for the Temporary Restraining Order to be vacated, this time I was way better prepared and had entered several declarations along with exhibits. This time we face a new judge, during the course of the hearing the Petitioner My ex wife asked for the Permanent Restraining Order to be enacted for three years, well by Petitioner I mean her attorney. The Judge replied to my ex wife and her attorney on record that �there was no grounds for a 3 year Restraining Order� in his judicial opinion. However, to keep the status quo decided to keep the Temporary Restraining Order in place until a status hearing on Custodial matters could occur 180 days from the date of hearing. At that time the Temporary Restraining Order would be dropped unless additional alleged acts occur or there is a violation of the order.Instead the order after hearing on the issue was that �unless there is a new occurrence of alleged domestic abuse or a new violation of the temporary restraining order, Petitioner will not request an extension of time on the Temporary Restraining Order and the court may dismiss it at the Next Hearing on April 22, 2013.�
So Rather than enter a permanent order, the trial court extended, for an additional 180 days a temporary order with no cause being cited other than to maintain the original temporary injunction.

Asked on 10/29/13, 4:48 pm

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Answered on 10/29/13, 5:09 pm

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