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Quick Question with a simple background regarding hearings

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rfabiano1

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

Quick Background
My sister served her husband with a Temporary Restraining Order on March 11, 2013 with proof of service filed on the 12th of March final hearing set for April 2nd. I was also listed as a protected person on that same tro. On the 14th of that same month I filed an Order to Show Cause for Contempt because the respondent in the case broke the restraining order on the 12th specifically the property restraint after I witnessed respondent removing televisions, computers and other items from my sisters residence. Order was granted and case to be heard April 11, 2013. On March 22 both me and my sister were served with restraining orders as original petitions and not responses. On the TRO respondant in the original case stated that there was no current RO's in place even though there was not to mention he filed over the same issues (Estoppel) which I am quite aware of CRC Section 5 on grounds to Quash. In addition to the Perjury but whatever when was the last time a DA prosecuted one of those. Nevertheless, both me an my sister show up for the April 2nd hearing and unfortunately the judge was out of town and everyone's cases had to be heard by a commissioner, of course as a matter of law the officer of the court informed everyone that they could stipulate if they wanted and not have their case heard. Of course the respondent stipulated for purposes of delay since his hearing as petitioner was set for April 11, 2013. Which I think he thinks will give him moving advantage. Nevertheless, I had my sister asked the Judge Pro Te to serve him with the OSC for Contempt which was also set for the 11th. Of course she granted it and served respondent. Now here is where the question is. We all have cases on the same day same time different court houses. The OSC contempt is scheduled for San Fernando and respondants new retaliation OSC tro hearings are in Lancaster what should I do preemptively.
For the record I am not a lawyer, however I have a great deal of legal knowledge as I worked with my father who was an attorney before he passed away. So I am really just looking for questions answered.
 


Silverplum

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

Quick Background
My sister served her husband with a Temporary Restraining Order on March 11, 2013 with proof of service filed on the 12th of March final hearing set for April 2nd. I was also listed as a protected person on that same tro. On the 14th of that same month I filed an Order to Show Cause for Contempt because the respondent in the case broke the restraining order on the 12th specifically the property restraint after I witnessed respondent removing televisions, computers and other items from my sisters residence. Order was granted and case to be heard April 11, 2013. On March 22 both me and my sister were served with restraining orders as original petitions and not responses. On the TRO respondant in the original case stated that there was no current RO's in place even though there was not to mention he filed over the same issues (Estoppel) which I am quite aware of CRC Section 5 on grounds to Quash. In addition to the Perjury but whatever when was the last time a DA prosecuted one of those. Nevertheless, both me an my sister show up for the April 2nd hearing and unfortunately the judge was out of town and everyone's cases had to be heard by a commissioner, of course as a matter of law the officer of the court informed everyone that they could stipulate if they wanted and not have their case heard. Of course the respondent stipulated for purposes of delay since his hearing as petitioner was set for April 11, 2013. Which I think he thinks will give him moving advantage. Nevertheless, I had my sister asked the Judge Pro Te to serve him with the OSC for Contempt which was also set for the 11th. Of course she granted it and served respondent. Now here is where the question is. We all have cases on the same day same time different court houses. The OSC contempt is scheduled for San Fernando and respondants new retaliation OSC tro hearings are in Lancaster what should I do preemptively. For the record I am not a lawyer, however I have a great deal of legal knowledge as I worked with my father who was an attorney before he passed away. So I am really just looking for questions answered.
I don't know why you think you should do something "preemptively."

Just show up when and where you are supposed to and tell the truth.
 

rfabiano1

Junior Member
I don't know why you think you should do something "preemptively."

Just show up when and where you are supposed to and tell the truth.
LOL Well unless you have discovered a different way to be at three different places at once that would rock! :) Hence the need for preemptive action...
 

rfabiano1

Junior Member
I don't see where you have to be at all three.
Simple OSC for contempt against respondent April 11, 2013 at 830am San Fernando COurt House I am a witness along with my sister
OSC from Original Respondant now Petitioner April 11, 2013 at 830am Lancaster Court House against my sister
OSC from Original Respondent now petitioner April 11, 2013 at 830am Lancaster Court House against me

I thought Criminal Cases take precedence, but this is where I am confused. Should I file a motion to quash or file for a continuance if so which one
 

Silverplum

Senior Member
Simple OSC for contempt against respondent April 11, 2013 at 830am San Fernando COurt House I am a witness along with my sister
OSC from Original Respondant now Petitioner April 11, 2013 at 830am Lancaster Court House against my sister
OSC from Original Respondent now petitioner April 11, 2013 at 830am Lancaster Court House against me
That makes sense now, thanks.

rfabiano1 said:
I thought Criminal Cases take precedence, but this is where I am confused. Should I file a motion to quash or file for a continuance if so which one
*I* think you should file to have his dismissed because he has filed a cross-complaint:
http://www.courts.ca.gov/documents/civ110.pdf

But I am not an attorney, and I strongly urge you to check with your courthouse. Go there in person and ask your questions from these people at the self-help center at your courthouse: http://www.publiccounsel.org/tools/materials/files/Self-Help-Legal-Access-Center-Flyer.pdf
San Fernando Courthouse
900 3rd St.
San Fernando, CA 91340
Monday though Thursday, 8:30 a.m. – 12:00 p.m. and 1:30 p.m. – 4:30 p.m.
Friday, 8:30 a.m. – 12:00 p.m.
 

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