Camarillo, CA asked in Appeals / Appellate Law, Domestic Violence and Family Law for California

Q: Appeal DV Restraining Order due to "Acts of God"?

First I'll say that I know I need a lawyer, however, I have no way to swing it financially. The mother of three of my children recently filed a DV restraining order against me under the same case number as our custody order. I assembled a ~50 page response including a DV-120, DV-105, FL-150, and various attached responses and exhibits. When the day came for court, I was running a little, but not terribly late (printer collate issues). I enter, put everything loose I had with me in a basket, and sent it down the tunnel for security scanning. The lady directly in front of me who had just gone through had a pair of pliers she said were for "DNA collection." I was stuck there for at least 15 minutes, and could not even call the courtroom because my phone was in the scanning tunnel. Meanwhile, the Judge called and heard the case, and due to my absence, granted all requests to the Petitioner. I have the names of all security personnel who witnessed the delay. I have yet to be served a copy.

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: you really want to present this to a family law attorney.

most judges do not give you any slack for being late.

when they called the case you were not there...period.

NOW, you would have to retain and lawyer to try to set aside the ruling.

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