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

Q: Do I need a lawyer? as I cant afford one to terminate civil DV Decision by court

I was 20 minutes late to DV hearing. Judge had already issued a 5 year restraining order. Petitioner stated on DV 100 that on Sept 3rd I barged into house demanded money & threaten to return. Said on Sept 2nd I was cited for trespassing & on Sept 3rd she called Sheriffs to report that I was outside vandalizing her car 2 of those incidents are dated for the same day I have original Sheriffs report which is dated for Sept 1st. Indicating Petitioner admitted to attacking me (advised to get restraint order against petitioner) I have Sheriffs report that I was not cited for trespassing & that I did not vandalize Petitioners car. Petitioner stated on DV 100 that there was a divorce in 2009 where she was granted full custody of our 2 sons. Never a divorce, I have supporting documents. I cannot afford a lawyer so I am wondering if This is a case I can handle myself as I do not want to take any risk as it involves our 2 children that I have not seen in 3 months. Kids not order PLEASE HELP

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1 Lawyer Answer
Angelina Bradley
Angelina Bradley
  • Monterey Park, CA
  • Licensed in California

A: I’m sorry to tell you that the answer is likely yes, get an attorney.

The permanent order has already been entered. This means you need to either file a motion to reconsider or an appeal. But since you didn’t show up to your hearing, you’re going to a have a rough time of it succeeding in an appeal.

The usual methods of setting a rehearing don’t sound available based on your description of the facts.

So you should get an attorney who specializes in family law appeals to see if there is anything that you can do based on your specific facts.

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