Domestic Violence TRO in place/hearing Friday Respondent filed answer

[KristenJohnson]

What is the name of your state (only U.S. law)? California

The Respondent filed his answer today for our hearing which is set to take place Friday October 5th. I realize that he is supposed to serve me by mail but in doing so, there isn't anyway that I will receive the documents before the hearing. Do I ask for a copy of his response at the hearing? Go to the courthouse tomorrow and try to get a copy? (which I doubt will be possible because the file will be on the TRO desk in a different dept & they are not in the habit of running and getting files for you when a pending hearing is so close) Or do I need to ask for a conitnuance so that I have an opportunity to receive and review the answer?

Thanks for your help.

 

[Ohiogal]

What is the name of your state (only U.S. law)? California

The Respondent filed his answer today for our hearing which is set to take place Friday October 5th. I realize that he is supposed to serve me by mail but in doing so, there isn't anyway that I will receive the documents before the hearing. Do I ask for a copy of his response at the hearing? Go to the courthouse tomorrow and try to get a copy? (which I doubt will be possible because the file will be on the TRO desk in a different dept & they are not in the habit of running and getting files for you when a pending hearing is so close) Or do I need to ask for a conitnuance so that I have an opportunity to receive and review the answer?

Thanks for your help.

Why won't mail get to you in three days you have before the hearing?

 

[KristenJohnson]

Why won't mail get to you in three days you have before the hearing?

It just doesn't seem like enough time to receive it. Our local mail has been running significantly slower over the past year. Based upon prior litigation, he tends to withhold documents until the last minute before sending or sometimes will even present a signed proof of service when nothing at all has been served or mailed. I suppose I have no choice but to wait & see what happens. Ultimately, unless he can somehow prove that the domestic violence didn't occur (which hopefully wont be possible considering photographs, physical evidence, police reports & witness statements I've presented) I can't imagine he would have anything that will make much of a difference.

 

[Ohiogal]

It just doesn't seem like enough time to receive it. Our local mail has been running significantly slower over the past year. Based upon prior litigation, he tends to withhold documents until the last minute before sending or sometimes will even present a signed proof of service when nothing at all has been served or mailed. I suppose I have no choice but to wait & see what happens. Ultimately, unless he can somehow prove that the domestic violence didn't occur (which hopefully wont be possible considering photographs, physical evidence, police reports & witness statements I've presented) I can't imagine he would have anything that will make much of a difference.

You might not get a continuance. And photographs, physical evidence, police reports and witness statements need to be properly presented. Statements and police reports are HEARSAY and not admissible. Who took the photographs? Are they going to testify? What physical evidence?