Interstate Jurisdiction. Should I appear?

[barefoothubby]

What is the name of your state? Oregon/California

My wife has filed a TRO against me in Ca. I live in Or. I would like to have the venue changed to Or, but if I appear in court to contest the charges, I "consent to personal jurisdiction".
Can I fax my response to the court and request a change of venue?

 

[CdwJava]

What is the name of your state? Oregon/California

My wife has filed a TRO against me in Ca. I live in Or. I would like to have the venue changed to Or, but if I appear in court to contest the charges, I "consent to personal jurisdiction".
Can I fax my response to the court and request a change of venue?

She has every right to file it in California - she lives here and seeks an order to protect her from you.

If you have been served and fail to appear, it is very likely that the order may be granted if she has good cause. However, the fact that you are in another state may not compel the judge to order the TRO unless it is to prevent you from calling or traveling to see her. Again, she will have to show some good cause as to why she needs protection from you.



- Carl

 

[barefoothubby]

Jurisdiction issue

Thanks for responding Carl

But the issue is over the jurisdiction. My wife's accusations are extremely exagerrated, and easily proven false. Of course she has a "right" to file in Ca. Though she and our 5 year old son have not lived in Ca. long enough to be a "legal Resident". Under the UCCJEA, I think I have a right to change venue to our child's "Home State".

 

[stealth2]

You're leaving a ton of information out, dude. Nowhere did you say that the TRO is related to a custody situation.

 

[CdwJava]

Thanks for responding Carl

But the issue is over the jurisdiction. My wife's accusations are extremely exagerrated, and easily proven false. Of course she has a "right" to file in Ca. Though she and our 5 year old son have not lived in Ca. long enough to be a "legal Resident". Under the UCCJEA, I think I have a right to change venue to our child's "Home State".

Custody issues are different than the TRO. And she certainly CAN apply for a TRO here. If she is physically here, she has a reason to fear for her safety, she can apply for the TRO. If you want to argue that she is not in any danger, and that this is a way to circumvent an OR state custody order, you had best get yourself or an attorney down here at the hearing! A fax won't cut it.

- Carl