Torrance, CA asked in Divorce, Family Law, Child Custody and Child Support for California

Q: Wife's TRO(DV-110/140) has been consolidated with my Divorce(FL-100)

TRO filed in Van nuys(hearing 03/23) on 02/28 and Divorce filed in los angeles on 03/10. I consolidated wife's TRO with my FL-100, but TRO is related matter with child, and the new TRO hearing in LA is scheduled on June, 05 - so horrible. I have a strong cause to request to advance the TRO hearing within 21days like regular TROs I'm viewing some forms for Ex parte now ; 300, 303 and 305. Those are right forms for request to advance TRO hearing? Am I missing certain other forms? For judge to grant my RFO, the divorce(FL100) must be served? or judge just grants RFO and I will have to serve new court stamped hearing notice only? on her TRO, her address is P.O Box. Her whereabouts unknow. so, I will mail the notice anyways, and I will be waiting for her appearance, otherwise, i will need to ask judge for the continuance. also the serve doc would be emailed to her. I have no-contact order, so cannot email directly, instead I can have professional server email her? it is not violation of No-

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: First, it's important to consult with a licensed attorney in your area who can advise you on the specific forms and procedures that are required in your case. A lawyer will be able to review your situation in detail, provide you with legal advice and help you prepare the necessary forms and documents.

Regarding your question about the forms required to request an advanced TRO hearing, you may want to check with your lawyer or the court clerk to confirm the correct forms. In general, an ex parte application (such as forms 300, 303, and 305) may be used to request an emergency hearing on a matter related to the TRO. However, the specific forms and procedures may vary depending on the court and jurisdiction.

Regarding your question about serving the divorce papers, again, it's important to consult with your lawyer to ensure that you follow the correct procedures. Generally, you will need to serve the divorce papers to your spouse according to the rules of service in your jurisdiction. If you are unable to locate your spouse, you may need to ask the court for permission to serve the papers by alternate means, such as by publication in a newspaper or by email.

It's important to note that violating a no-contact order can have serious consequences. If you are unsure about whether a particular action would violate the order, you should consult with your lawyer before taking any action.

Again, I recommend that you consult with a licensed attorney in your area who can provide you with specific legal advice and guidance based on your situation.

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