Appealing against a Domestic Violence Restraining Order Judgement.

[poorpoorsoul]

What is the name of your state? California

My ex had a DV restraining order served on me. He falsified the proof of services, so I was never informed of the hearing date and time. When I found out about it, I initiated a motion to show cause and to set aside the restraining order.

In the courtroom, the judge is satisfied about the proof of service. That proof of service is signed by my ex's friend but I have never seen that delivery person on the stated date or receive any documents from him. The judge refused to believe that I did not receive those hearing notices and so refused to re-open the case to hear my defense on all the false allegations made by my ex in his DVRO application. Those false allegations are: I threatened to kill him and his family. There were no witnesses but I'm sure my ex's mother will help with the falsification. I never made those statements and didn't even spoke to my ex on those days of alleged threatening statements.

Here're my questions:

1. If my ex's friend decide to play along with my ex, is there no way to prove that I didn't receive the documents? There were no witnesses at that time when the documents was allegedly delivered except my ex. It was at the location of drop-off of our child during visitation exchange.

2. How do I appeal against the DVRO? I have no money to engage an attorney. Can someone point me to the correct form in California court that I should use? Can the district attorney help me?

3. How do I prove that I did not make those death threats against my ex? It is his words against mine. Who will the judge listen to?

4. The motion that I filed was to show cause but the judge didn't even give me a chance to defend myself against the DVRO. How can I ask the judge to listen to my defense against my ex's false statements in the DVRO?

5. My child is also listed under the protected person in the DVRO. Does that mean I cannot have visitation with my child? Isn't this a technical error in the DVRO?

Please help. I'm trying to defend myself and I'm in at a loss of what can I do next. Thanks!

 

[CdwJava]

1. If my ex's friend decide to play along with my ex, is there no way to prove that I didn't receive the documents?

Sure. Prove you were elsewhere at the time and date of the alleged service.

2. How do I appeal against the DVRO? I have no money to engage an attorney. Can someone point me to the correct form in California court that I should use? Can the district attorney help me?

The DA cannot help you. I don't think there is a "form" you can use, but there should be a service at the local court to help.

You can also search the CA courts site at: www.courtinfo.ca.gov

3. How do I prove that I did not make those death threats against my ex? It is his words against mine. Who will the judge listen to?

The judge will listen to both parties, review any evidence presented, and make a determination based upon a preponderance of the evidence when evaluating the cause for the order. However, he has apparently issued a default judgment against you so that issue is moot unless you can get back before the court.

4. The motion that I filed was to show cause but the judge didn't even give me a chance to defend myself against the DVRO. How can I ask the judge to listen to my defense against my ex's false statements in the DVRO?

You'll likely have to speak to an attorney about this.

5. My child is also listed under the protected person in the DVRO. Does that mean I cannot have visitation with my child? Isn't this a technical error in the DVRO?

Unless the court wants to modify the order to allow for visitation and pickup/drop off, it supersedes the custody and visitation order.

Please help. I'm trying to defend myself and I'm in at a loss of what can I do next. Thanks!

Without an attorney, you face a daunting task. Honestly, it is something no one here can probably walk you through.

- Carl