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Vacate Dismiss DVRO Restraining Order in Family Court LA County CA

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RP Thomas

New member
What is the name of your state? What is the name of your state? CALIFORNIA
In a family Law matter in LA County CA Family Court relating to a legal order issue of a restraining order, whereas the petitioner and the ( non professional non registered / licensed process server) individual named in documents ( proof of service affidavit ) and under oath appearing and testifying in a court hearing for a vacate / dismiss motion for non service non legal or other notification of the original TRO ( temporary restraining order) and consequents orders of a TRO and the notification of a legal action and court hearing date ..... in that I was NOT Ever served or notified / knowledgeable of the TRO and the court date and hearing and resulting 3 year permanent order Only by my non appearance by default.
However both the petitioner who made false statements relating to the foundation of the TRO and the process service in declarations and by written declaration and under testimony as well the individual who alledged service ( in fact truth Reality NO Legal or other “service” or written or other notification was ever attempted or accomplished as required under US Constitution right to due process .. the individual “process server LIED on the proof of service affidavit, a written declaration and under oath testimony in a court hearing, committing perjury...
However since the court hearing where the petitioner and individual “process server” were never confronted or cross examined affectively as well several material
Facts and material evidence was either not available at the time, not discovered at the time or not ever presented submitted or brought up introduced by respondents counsel to the court via decelerations or in court hearings.
Now the material factual evidence has become available and definitively exposes Lies False Statements Inaccurate Statements Fabrications Lies and Perjury which directly impacted and affected the process and outcome decision of the Court Commissioner in evaluation process decision making and conclusions of order / outcome of court hearing being a Non Vacate Dismiss result ONLY because the petitioner and her counsel and the individual “process server” lied committed perjury under written declarations affidavit and in court verbal statements and testimony
and manipulated the legal process court hearing and the Commissioner and result accordingly. The petitioner through out the entire time and process both as to the date and filing of the TRO and thereafter as well since a permanent order was issued by default only , the petitioner has continued through out the entire time to call text email communicate with me the respondent .
How can I now take legal action or file what legal motions with the Court LA County Family Court to bring the issues and supporting material evidence to the Court and now Judges attention knowledge and accurate honest true factual information which exposes numerous false statements Lies Perjured which did in fact impact and affect the Commissioners thinking evaluation and decision outcome which would other wise should have been a vacate dismiss result had the Truth Facts been available revealed discovered or presenter by counsel at the time.
Do I / can I file a legal motion to Vacate / Dismiss ? What legal action motions should be utilized now? How do I communicate present the Facts Material evidence now and expose the Lies Perjury of the petitioner the individual “process server” and others

Also is filing a legal motion or action now by per se direct representation in anyway a infraction or might be interpreted as a “violation” of the standing restraining order still in place even though the order technically is in fact truth wrong there was NO service direct or indirect it is unconstitutional
illegal invalid however is filing a legal motion or action by me directly now in anyway a infraction or violation of the current standing legal order or might a legal
Motion or action submitted now to expose and engage these issues
Be detrimental against me in any way as to the petitioner moving for a extended order or a permanent order as it might be interpreted or manipulated by the petitioner as a result or consequence. The TRO was issued without my knowledge or process notification and right to due process in 12/2016 a 3 year permanent order by default was consequently issued beginning of
1/2017 due to expire in 1/2020.
My constitutional rights and civil rights were and continue to be violated and the petitioner and others who Lied Made written and verbal false statements under declarations affidavit and oral testimony which did impact and affect the Commissioner evaluation decision making prices and application of the Law and family courts outcome.

How do I now finally get the proper honest righteous justice I am entitled and deserving of facts honesty Truth and under my rights under the US Constitution expose the lies perjury manipulations of the petitioner and others to have the legal order vacated dismissed and have my name reputation cleared Exonerated in a dismiss vacate of the order now.

Counsel representing me in the legal motions actions and in two court hearings in a motion to vacate dismiss in 8/2017 and 9/2017 was not prepared organized or competent and failed to present submit numerous material evidence items ( cell phone records text emails voice mails etc ) as well as completely missed opportunities in cross examination to confront the false statements lies inconsistencies and issues of perjury and ongoing continued contact / ongoing by petitioner. As well some of the factual evidence was not available at the time or only recently discovered.

As soon as I became aware of the legal order only significantly after the fact by the petitioner telling me verbally via a phone call to me ( she initiated constantly through our post TRO and post Permanent Order ( info and documentation material evidence ( text emails phone logs voice mail messages available yet NOT submitted presented to commissioner or court by respondent counsel )
The Commissioner who was removed from the bench ( post my hearings) missed a number of the issues evidence facts and findings originally heard the motions is now deceased.
Making way for the matter to now he heard by a actual Judge.
What legal way or vehicle or action motions can I take to bring this matter to the Courts attention to expose and have the order properly addressed anti resolved now in a vacate dismiss order properly rightly applied now. Without any risk or exposure to me as respondent relating to any possible exposure or risk as to a legal motion action being manipulated interpreted by petitioner as a possible direct / indirect violation of the order
Or that the petitioner might utilize the opportunity to respond by trying to move for a extended or permanent order request of the 3 year permanent order illegally issued in 1/2017. There was NO Service No notification either directly or indirectly constructively or actually.

Help. Please reply
 


not2cleverRed

Obvious Observer
TL;DR

You didn't show up at court, so by default the petitioner was granted a 3 year DVRO, starting January 2017.

You believe that you were not served properly.

You were represented by lawyer in hearings in 8/2017 and 9/2017 "in a motion to vacate dismiss". By your dissatisfaction, apparently your lawyer was unable to convince the judge that service was defective, or that you responded when informed of the DVRO in a timely fashion, therefore your other "evidence" was not used.

The DVRO expires in January 2020 (less than 2 months). You still want it tossed.


You are not going to get this vacated or dismissed. That ship has sailed. The most that you can hope for is that, should she petition for a renewal, that you will be ready.
 

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