Ex-Parte Request

[Sw3tflower]

What is the name of your state (only U.S. law)? Calif
I just gave my husband a 24 hour notice of my intent to submit an Ex-Parte Request.
I don't understand. I filed all the divorce papers but have not served him yet. I was told I needed to get an emergency order to reinstate my health insurance and get money for food etc.
The form I just served him includes all the papers I have filed.
I thought this was the emergency relief order. If not, then what is it?
Do I have to go back to court and file something else?
My biggest worry is that I didn't want him to know about my intent to divorce him until I could have the bank accounts frozen and insurance policies kept up to date.
Can he still clean out his pension plan and accounts?
What do I need to do now? It is a Domestic Abuse case.

 

[Ronin]

It sounds as though you neither have an attorney representing you nor do you understand what an ex-parte hearing really is or the basics in filing for divorce. Filing suit for divorce amidst allegations of domestic abuse can get complicated and really needs a knowledgable attorney to properly handle this. If you have already given notice to your husband on what appears to be an attempt for a kick-out and/or restraining order and you are still unsure about what needs to be filed or if you have even filed the right paperwork, you may have started a bit of a legal mess that you need to get untangled pretty quickly.

 

[MFinancier]

What is the name of your state (only U.S. law)? Calif
I just gave my husband a 24 hour notice of my intent to submit an Ex-Parte Request.
I don't understand. I filed all the divorce papers but have not served him yet. I was told I needed to get an emergency order to reinstate my health insurance and get money for food etc.
The form I just served him includes all the papers I have filed.
I thought this was the emergency relief order. If not, then what is it?
Do I have to go back to court and file something else?
My biggest worry is that I didn't want him to know about my intent to divorce him until I could have the bank accounts frozen and insurance policies kept up to date.
Can he still clean out his pension plan and accounts?
What do I need to do now? It is a Domestic Abuse case.

Ex Parte does not require the other party to be present, but in CA they have a 4-24 hour notification requirement for the other party that can be met sometimes with as little as a message left on a recording machine. If it is a temporary (emergency) restraining order due to domestic violence you want, I suggest you get an attorney to file one for you. Any permanent restraining order will be heard generally after 21 days and both parties will be notified to appear. It has nothing to do with the filing of a petition for divorce, although the two seem to go hand in hand. It is not the same as an ex parte emergency order pursuant to a divorce petition to reinstate your health insurance and get temporary support either. That hearing may or may not be granted on an emergency basis depending on the "irreparable harm". 24 hour notification in CA is necessary. As far as protecting your community assets, once you file for divorce both spouses will be ordered not to encumber or transfer any assets, including pensions and insurance contracts. Even if they have done so before you file the petition, it can usually be traced back and accounted for. You seem to have a lot at stake here and if not done properly you will regret it. I highly recommend you consult with an attorney.
.

 

[Sw3tflower]

attorney

Part of the problem is my husband has total control of all the finances. Domestic Abuse Legal Aid found an attorney who is willing to take the case with no retainer. He will collect after the property has been divided.
The attorney told me to go to the Family Law Facilitator, which I am doing, file a fee waiver, which was granted in full, and make an appointment with him after I have served my husband. He wants all the papers filed before he represents me.
The facilitator had me fill out and serve 24 hour notice of Ex-Parte request. Included was the OSC, Application and Declaration.
I thought I was serving him emergency orders to reinstate my health insurance and get financial support since I did not feel safe living at home after he was served.
Obviously he knows about the divorce now.
He has already contacted 2 attorneys who are advising him. One specializes in Real Estate and Business.
I am afraid I am no longer protected from his hiding and/or spending all our assets, closing down accounts and Pension Plans, canceling Life Insurance etc.
The attorney said the facilitators know what they are doing and just follow what they tell me to do. After I serve my husband the attorney will then represent me.
You are right, I have no idea what is going on. There is a mountain of paperwork I have filled out and filed.
Any advice? I really am lost.

 

[MFinancier]

Part of the problem is my husband has total control of all the finances. Domestic Abuse Legal Aid found an attorney who is willing to take the case with no retainer. He will collect after the property has been divided.
The attorney told me to go to the Family Law Facilitator, which I am doing, file a fee waiver, which was granted in full, and make an appointment with him after I have served my husband. He wants all the papers filed before he represents me.
The facilitator had me fill out and serve 24 hour notice of Ex-Parte request. Included was the OSC, Application and Declaration.
I thought I was serving him emergency orders to reinstate my health insurance and get financial support since I did not feel safe living at home after he was served.
Obviously he knows about the divorce now.
He has already contacted 2 attorneys who are advising him. One specializes in Real Estate and Business.
I am afraid I am no longer protected from his hiding and/or spending all our assets, closing down accounts and Pension Plans, canceling Life Insurance etc.
The attorney said the facilitators know what they are doing and just follow what they tell me to do. After I serve my husband the attorney will then represent me.
You are right, I have no idea what is going on. There is a mountain of paperwork I have filled out and filed.
Any advice? I really am lost.

Have you served him yet? What was the 24 hour notice of ex parte request for and what is the OSC? I'm not from CA and I'm hoping some seniors from CA can be more specific. As far as the assets are concerned...take a deep breath, a good forensics accountant can trace most everything.

 

[Sw3tflower]

thankyou!

OSC Order to Show Just Cause or Notice of Motion.
The 24 hor Ex-Parte request was for immediate reinstatement of Health Insurance cancelled without my knowledge and release of monies so I could pay for food, housing living expenses since I had to leave my home (of 30 years) to be safe. I left 4 days ago. He still lives in it.
No,a summons has been filed but he has not been served. I am supposed to return a Declaration Re Notice of Ex-Parte Application For Orders to the court clerk. Then go back again and pick up some forms at the Family Law Clerk's window. Then file. Then serve.
I have already filed a Petition-Marriage, Income and Expense Declairation, Fee Waiver (which was approved), Summons and Order To Show Just Cause.
I am lost.

 

[Ronin]

Part of the problem is my husband has total control of all the finances. Domestic Abuse Legal Aid found an attorney who is willing to take the case with no retainer. He will collect after the property has been divided.
The attorney told me to go to the Family Law Facilitator, which I am doing, file a fee waiver, which was granted in full, and make an appointment with him after I have served my husband. He wants all the papers filed before he represents me.

It is hard to believe any attorney worth a plug nickel would suggest to a divorcing person in your situation that you initially file for divorce and serve notice as a pro se and that he will represent you after papers are filed. Sounds like this attorney is doing a half-assed job and will certainly be there to milk whatever he can once your estate is divided.

The initial filings can be critical in a divorce and need to be done properly in order to ensure your interests are protected. The initial divorce filing is a no-brainer for experienced family law attorneys and will cost you far less in the long run than a botched filing. If you had shopped around the family law attorneys in your area you would have likely found one willing to work with you on your short term cash flow issues, especially if you could demonstrate that your assets are sufficient to cover the costs of the divorce.

Now that you are where you are and your husband has already retained attorneys I am unsure how you should best proceed, and maybe one of the more experienced folks on this site can offer suggestions on what you should consider doing first thing Monday morning.

 

[MFinancier]

OSC Order to Show Just Cause or Notice of Motion.
The 24 hor Ex-Parte request was for immediate reinstatement of Health Insurance cancelled without my knowledge and release of monies so I could pay for food, housing living expenses since I had to leave my home (of 30 years) to be safe. I left 4 days ago. He still lives in it.
No,a summons has been filed but he has not been served. I am supposed to return a Declaration Re Notice of Ex-Parte Application For Orders to the court clerk. Then go back again and pick up some forms at the Family Law Clerk's window. Then file. Then serve.
I have already filed a Petition-Marriage, Income and Expense Declairation, Fee Waiver (which was approved), Summons and Order To Show Just Cause.
I am lost.

Ok so the ex parte is not for a TRO, it's for emergency financial relief...but you need to make sure that they will hear that before your STBX has been served with the divorce papers. Call the legal hotline at the court house if they have one...ask them. Help from any CA seniors here may shed some light.

 

[Sw3tflower]

case color

In the court cases listed (in publc records) my case says 'Color of File (Family Law): Red'.
What does that mean?

 

[Ronin]

Until your husband has been properly served with the petition for divorce, he may still have an opportunity to get a step ahead of you and have his attorney serve you first.

 

[Sw3tflower]

Advice for tomorrow?

I am giving the Declaration Re Notice of Ex-Parte Application For Orders to the Court Clerk in the morning.
Is there anything else I can do tomorrow while I am at the Court House?
I do not have a car, a driver's license or money for a bus and my daughter drives 150 miles to take me. I would like to get as much done as possible.
Can I have my husband served tomorrow? The Facilitator said I have to go back again to pick up some forms and file.
What other forms do I need to file? The Petition-Marriage, Income and Expense, Summons and Order to Show Just Cause, Fee Waiver have all been filed.I moved out so I don't need a TRO. My husband has been in touch with his attorneys all weekend (they watched the game together)
I am grateful for any advice you can give me.
I forgot. My husband is also my dentist. I have a crown he was replacing that is still at the lab being worked on. Should I tell my attorney in case my husband 'forgets' to finish the work?

 

[Sw3tflower]

Court Date Confusion please help

I called the Court Clerk and was told to pick up my finalized Ex-Parte papers today.
I went in and they could not be located. None of my court papers could be located ( Notice To Show Just Cause, Declaration, Summons, Ex-Parte...anything).
My problem is twofold.....Checking my file, the Court Clerk said I had a Case Classification Conference on 08/25/2009.
Tomorrow is 09/25/2008
With no paperwork, the Court Clerk could not tell me if I had a pending hearing tomorrow or next year. She was unsure if it was a typo. She was unsure if it had anything to do with the Ex-Parte Request.
I have no idea if an Ex-Parte Request entails a hearing in front of the judge or if a judge looks at the supporting documents attached to my request and signs off based on that evidence.
Should I show up at court tomorrow with no paperwork just in case? Are Ex-Parte Requests, if done before a judge, scheduled so quickly (3 days?)
I called the Facilitator's Office and Court Clerk as soon as I got home (1:30) but have not heard back.
I do not have a car, driver's license or money for a bus. I have to have someone miss a day of work for me.
How does the legal system work?