Not likley to belive

[lafntiger]

What is the name of your state? California.
My ex-wife likes to use TRO's as a weapone against me. Wait, I know, that's what all the abusers say. However, in my case it is the truth. I moved 500 miles away from her and she filed a restaining order against me. At the initial hearing, the judge allowed me to appear by telephone, then for the court date my ex-wife duped me and told me she was having it continued. Well, she did not. I did not think much of it because I was never served and afterall, I was 500 miles away. So, now I moved back and she is holding it over my head. I am tired of having to account for my whereabouts. Also, I am very concerned that there is a public record of 5 DV complaint on me, aand it does not state on the internet that 4 of them were defended. So here is my questions.
1. Now that the RO is semi-permanet (3 years) what do I file to fight the order (I looked at the file and she has proof of service even though I never recived it); do I file an OSC?
2. How do I get the courts to erase the records of the previous DV cases?

 

[I AM ALWAYS LIABLE]

What is the name of your state? California.
My ex-wife likes to use TRO's as a weapone against me. Wait, I know, that's what all the abusers say. However, in my case it is the truth. I moved 500 miles away from her and she filed a restaining order against me. At the initial hearing, the judge allowed me to appear by telephone, then for the court date my ex-wife duped me and told me she was having it continued. Well, she did not. I did not think much of it because I was never served and afterall, I was 500 miles away. So, now I moved back and she is holding it over my head. I am tired of having to account for my whereabouts. Also, I am very concerned that there is a public record of 5 DV complaint on me, aand it does not state on the internet that 4 of them were defended. So here is my questions.
1. Now that the RO is semi-permanet (3 years) what do I file to fight the order (I looked at the file and she has proof of service even though I never recived it); do I file an OSC?
2. How do I get the courts to erase the records of the previous DV cases?

My response:

If any or all of these orders are 6 months old or older, there's nothing you can do. However, if this last one (concerning the proof of service) is younger than 6 months old since the order was rendered, you can file a Code of Civil Procedure § 473(b) Motion to set-aside. On timely motion, the trial court can vacate the judgment pursuant to Ca Civ Pro § 473(b) for "mistake, inadvertence, surprise, or excusable neglect." [Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 254-257, 121 Cal.Rptr.2d 187, 190-193]

IAAL

 

[lafntiger]

What if it is past 6 months, there is nothing I can do. I only learned of the RO (service) 3 weeks ago, the petition as well as the past petitions are laced with lies, I know, I can prove them. Tell me the system is not so far leading to vitimization that nothing can be done, no wonder I am a Libertarian.

 

[lafntiger]

What forms do i use?