Legal Question in Family Law in California

Hearing without Lawyers-both parties

First, a divorce was filed to get my sons back when she fled to another state to escape CPS problem with a drug allegation. After her return, I filed a TRO for D.V., no police report, she threatened to take the children but had no permanent residence. I wanted to stablize my sons lives. Then she filed a D.V. after I filed, I did not get any notice or served, found out at hearing. She made a phony report(no police record)by using a bruise months before, and saved doc. We opted for Mediation. I stupidly thought I could trust my ex, there was an oral agreement to share/joint custody, but I needed a job so badly, we forgo the mediation and just were continuing as we had agreed. I had custody because she was having problems finding a stable residence but planned on keeping the agreement.

Then, I made a mistake and pushed her, but she used an old injury to make it worse. So, D.V. charge and you know the usual routine now hurt me bad. Custody investigation occured. Standard progess hearings set but, Question: Do I have the right to, bring witnesses for testimony, ask for discovery on docs, file Motions/Notices, ask for a hearing on these apart from the ones on calender, even though I can't send her a copy because of a current TRO? Thx


Asked on 6/22/09, 6:08 pm

1 Answer from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

Re: Hearing without Lawyers-both parties

Your court proceedings are an exception to the RO. So you can serve her discovery, notices, motions, etc.

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Answered on 6/23/09, 6:52 pm


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