San Luis Obispo, CA asked in Family Law for California

Q: abusive ex filed fraudulent tro vs me. After I responded and hired attorney, he signed a dismissal with prejudice.

The court returned dismissal filing citing procedural errors, and held hearing re dismissal. Plaintiff did not show up and court called him by phone. Commissioner dismissed without prejudice, either by error or because she didn't want to dismiss with prejudice? My attorney said nothing at hearing. He said he was afraid to say anything? my attorney filed into case the signed agreed dismissal WITH prejudice, and served conformed copy on plaintiff. Which order is the ruling order? With or without prejudice? I want to file for costs as his filing was false allegations, he used the court to further abuse me ( I was abused party, and had letter from Womens shelter verifying I received counseling there for abuse from the plaintiff who filed vs me when I was never abusive to him). My attorney said I should file for RO vs ex instead of filing for costs? I don;t understand why commissioner ordered dismissal without prejudice if she knew he had signed a dismissal with prejudice? I am confused.

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1 Lawyer Answer
Natalie M. Packer
Natalie M. Packer
  • Fresno, CA
  • Licensed in California

A: You should speak to your attorney and get clarification of what is happening.

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