Fresno, CA asked in Family Law and Domestic Violence for California

Q: California, how do I add more documents to the restraining order I filed?

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2 Lawyer Answers

A: I'm not sure what you mean by "documents." I assume that you filled out the DV 100 or other Judicial counsel Form. If you want to file a supplemental declaration from yourself, or from another witness, I would recommend that you consult your county's local Rules of Court. Each county's court has a website where you can access these rules. In general, you should prepare the declaration using the appropriate Judicial Counsel form (see www.courtinfo.ca.gov), and make sure it's served on the other party or their lawyer if they're represented. Be careful, as there are time limits on supplemental declarations.

If by "documents" you mean business or medical records, most counties' local rules will require a Notice of Lodgment, with the documents attached. Different counties have different rules on how and when to submit a Notice of Lodgment but as a general rule, it is important to serve the Notice and the exhibits on the other party or counsel prior to filing them. Bring an extra copy of all filed documents to your hearing in case they don't make it to the court's file.

A: It depends on what you want to add. If you are seeking to add Police Reports, you can bring those to the hearing, with copies for the opposing side and the judge. Be sure you know how to authenticate the records so that they are admitted to evidence.

If you are looking to add declarations, it will probably be easier and more effective to have the witnesses show up at the hearing so that they can testify. Testimony is much more effective and most courts are now requiring live testimony for hearings.

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