Can you please help with my California divorce matter? 4 Answers as of December 05, 2010

I have a problem I hope you can help me with? I have a pending divorce case from April 2010 the petitioner filed a bogus restraining order on me all here allegations were addressed by my attorney at the time and myself she actual filed a complaint with DFS against me in which DFS found sufficient evidence that both kids were abused by their mother DFS issued a warning to her. During that same time under (moms) care both kids nearly drowned if it was not for the aid of the local life guard. This was also reported to DFS by me. The first time in court judge only granted the stay away clause there was insufficient evidence to support claims.

The judge continued the case until 10/2010 my attorney had filed all required documents was present but I was not I had my car breakdown the judge had me submit proof that in fact car broke down which I did. case was continued to November 29th my only means of transportation was my motorcycle the freeway was closed making me 40mins late judge entered all requested ordered in her favor I received written notice yesterday and it says I must vacate the property? Now this property is vested to my parents they have multiple tenants under contract living in it now in order to pay the mortgage. So how can a judge my that ruling on a property that she has never owned and which I use as my principal business address. I do plan on filing a motion to be retried. Please help.

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Use your attorney to file the proper motion for reconsideration
Answer Applies to: California
Replied: 12/5/2010
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz

What you describe is a real mess. You already have an attorney, who should have been able to address this issue with you. You have to file a Motion to Set Aside Judgment.Your parents will probably have to join the action, with a Joinder and a Motion to Set Aside, or for Reconsideration. I have seen Judges do this quite often. It's very chickenshit. Usually, it's some Judge who is really, really impressed with their own authority, and who likes to flex their judicial muscle.

There appears to be some fraud here, if your ex-wife did not inform the Court that the property was not merely a family residence. You have to get back in Court. If you no longer have the services of an attorney (which you need, badly), you can get some advice from the Clerk's Office, if your County used Family Law Facilitators, which are lawyers employed by the County to assist you by answering questions and helping you fill out the forms. They will not appear in Court with you. All in all, your question is too complicated to train or teach you to handle it yourself within the scope of an e-mail.
Answer Applies to: California
Replied: 12/5/2010
Michael Apicella
Michael Apicella | Apicella Law and Mediation
You can file a motion for reconsideration, but the time limit to do so is very short. Thus, you need to act right away. What happened to the lawyer that was helping you? Why is he/she not following up on this matter? If you no longer have counsel, or want new counsel, then I'd strongly suggest you CALL a local lawyer ASAP to set up an in person appointment, as any new counsel will need to first review all the prior pleadings and orders before they can develop a future litigation plan.
Answer Applies to: California
Replied: 12/3/2010
Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
It looks like you main problem is missing or being late to the court hearings. Regardless of the factual arguments you can make, if you aren't at the hearing, the other party is often going to get what they want. If your current attorney is not helping you with these questions you have, you should consider seeking new counsel. I would consult an attorney experienced in restraining order matters in how best to defend your case and go after your spouse if she is abusing the system. Our office specializes in such matters, feel free to contact us.
Answer Applies to: California
Replied: 12/3/2010
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