Question about Restraining Order and witnesses written statements

[Query1234]

What is the name of your state (only U.S. law)? CA
I have a court date later this month for a restraining order on my husband's ex-wife. I do not have a lawyer but I wanted to bring in witnesses' written statements to help my case. It says on the info sheet that came with the papers to file the civil harrassment restraining order that "you should bring witnesses' written statements under oath to the hearing". What does that exactly mean?

I know they need to fill out the MC-030 form which is a Declaration form that they need to sign but does the "under oath" mean that they have to sign it in front of someone official? Or do their signatures suffice as being under oath?

The harassment has been going on for many years so if I have proof from many years ago, will that still be relevant (in addition to the recordings of recent messages as well)?
Just wondering how much infomation I should be bringing with me.

Thanks in advance for any clarification. My court date is later this month so quick response would be much appreciated. Thanks so much.

 

[CdwJava]

I have a court date later this month for a restraining order on my husband's ex-wife. I do not have a lawyer but I wanted to bring in witnesses' written statements to help my case. It says on the info sheet that came with the papers to file the civil harrassment restraining order that "you should bring witnesses' written statements under oath to the hearing". What does that exactly mean?

Presumably that they are sworn statements taken in a deposition. Otherwise, you may have to bring the witnesses WITH you. The next best option, and the court might not except them, is to have the written statements notarized.

The harassment has been going on for many years so if I have proof from many years ago, will that still be relevant (in addition to the recordings of recent messages as well)?
Just wondering how much infomation I should be bringing with me.

I would suggest you bring anything you can - including any police reports you have made.

- Carl

 

[Query1234]

I'm representing myself

I do not have legal counsel as I am representing myself. Is it possible for me to take a deposition and then just fill out the Declaration form and have the witnesses sign them?

Just wondering what the judge will do if I just bring in signed Declarations from each witness.

I have two police reports and many emails and transcribed voicemails which I plan on bringing in. Thanks in advance for your help.

 

[CdwJava]

A deposition is a legal proceeding done with a stenographer, etc. I can't say for certain whether a judge would even take a notarized statements for a TRO hearing, but I imagine he would. The evidence procedures for a TRO hearing can be a little relaxed. Your BEST bet would be to ask that at least a couple of KEY witnesses come to court to testify.

- Carl

 

[ginbread45]

I needed help

My Ex was told to have his brother recover two ramp from my home. We both have restaining order not to see each other. How long do I have to wait for someone to get these ramps. I scared that he will try to make me pay for them or say I didnt let him get his property? Can restaining order be over turned?

 

[Query1234]

Thanks!

A deposition is a legal proceeding done with a stenographer, etc. I can't say for certain whether a judge would even take a notarized statements for a TRO hearing, but I imagine he would. The evidence procedures for a TRO hearing can be a little relaxed. Your BEST bet would be to ask that at least a couple of KEY witnesses come to court to testify.

- Carl

Thank you for your advice. The info sheet that comes with the forms to file say that they may not even hear witnesses at the hearing and that we can bring one person with us. I am bringing my husband who is a key witness to the events. I don't know if they'll put much weight on his testimony (if they hear him at all) but he will be available nonetheless.

I have written records of what happened and emails that I tracked the IP addresses to her work place and recordings so I hope that will be good enough.

Thanks for all your help.