Which motion should I file as a respondent in a domestic violence child custody case ?
I am the respondent and my ex said I scratched him while our son was there. The police arrested me even though he weighs 150 lbs more than I do, i have no criminal history or violent past, and our son told the police that I did not scratch anybody. My ex fabricated this event in a way to evict me without the hassle. Anyways I got a continuation the first court date because I have an attorney friend that was going to help me but he was out of the country then. The date I continued for was also a bad one because he was gone then too. So I filled out my DV120 written evidentiary objections, and a motion in Limine and filed them the day before court because I needed more time to do it all. My declaration response I didn't get a chance to file but I did bring it with me the day of the hearing. The judge told me that he wouldn't read my declaration response but he didn't say if he looked over my objections or my motion in Limine. He sided with the petitioner and that was it. I feel like my son should matter enough to consider at least giving me more time or a trial. How would I do that? Can i file any of these motions:
Set aside,vacate,reconsider,new trial, post judgement modify? Thanks
2 Answers from Attorneys
I think that your best next step would be a motion to reconsider. Depending on the facts you may have good grounds for an appeal. Having a restraining order issued against you can have very serious consequences, so by having a lawyer you can protect your rights as best as possible. You should also have a family law attorney who can handle your case. This restraining order creates a presumption that you should not get custody of your son, even joint custody. It hasn't worked well for you without at attorney, try getting an experienced attorney in child custody.
Patrick is absolutely right. The situation that you’ve described is extremely complicated and may deserve a child custody evaluation if the parties can afford one.