San Diego, CA asked in Family Law for California

Q: In san diego a false domestic violence case was filed,the TRO was denied,a hearing was offered and denied by petitioner.

Upon the filing of this case and though it was dismissed, this case was assighned for all intended purposses to the family court judge persiding over the petitioners custody case.The petitioner has used this against me in his meadeation,he has also told CPS about this case.The judge has also read this case, though it was not fallowed through by the petitioner, and dismissed, It has got me an order of visual supervision when my grandson is in my care. Iam not a party to the custody case and I was not present in court when the judge made his order.what can I do to set the record straight and get my visual supervision lifted. I can prove all allegations and statements made were false, with documentation.

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1 Lawyer Answer
Jeffrey Moore
Jeffrey Moore
  • Campbell, CA
  • Licensed in California

A: You could have challenged the assignment of the judge to the custody case as prejudiced by the hearing of the earlier DV case, but you waived this right by not raising the issue at the first custody hearing.

At this point you should bring an Order to Show Cause for modification of grand-parental visitation. You will need to show a change of circumstances since the prior order (e.g., completion of DV classes, 12 step program, etc.)

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