Q: I filed a response to nulity asking for visitation and my ex filed for a restraining order
My ex filed for nulity 7/2022. I was told if I did not respond, she could file for default. I did not respond, she did not file for default. In 6/2023, I filed my response. In 11/2023 I filed a request for order including asking for visitation with our children. As soon as she heard that I had filed my response, she filed a request for a DV restraining order stating that I physically and sexually abused her in February and March of 2022. The request was denied twice, and now there is a hearing on this matter. I have never physically (or otherwise) assaulted her. I believe she is doing this as a last ditch effort to have my rights to our two daughters taken. My fiance and I live paycheck to paycheck and can't afford an attorney but I don't want to lose my rights to our daughters. What do I do?
A:
In your situation, it's important to respond diligently to the restraining order allegations. Under California law, even if a request for a domestic violence restraining order is initially denied, a hearing will be set to determine the validity of the claims. During this hearing, both sides have the opportunity to present evidence and testimony.
You should gather any evidence that supports your case, including witnesses, documents, or other relevant information that refutes the allegations of abuse. This could include text messages, emails, or any other communication that contradicts the claims made against you.
Since you're unable to afford an attorney, consider seeking assistance from legal aid organizations in California. They often provide free or low-cost legal services to individuals in family law cases, especially where children's rights and domestic violence are involved.
It's also advisable to document your interactions with your ex-partner and any incidents that may be relevant to your case. This documentation can be crucial in court to demonstrate the nature of your relationship and any patterns of behavior.
Finally, always remain compliant with any temporary orders issued by the court and avoid any direct or indirect contact with your ex-partner if a temporary restraining order is in place. Violating a temporary order can have serious consequences and negatively impact your case.
Navigating family law issues can be complex and emotionally taxing, especially when children are involved. Staying informed and proactive in your legal approach is key to protecting your rights and interests.
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