Q: Procedure to dismiss a restraining filed in California for lack of jurisdiction ?
I live in a different state. My ex left the this state without a court order and his for almost a year before I was able to locate her and the children. Served my ex with modification and she failed to respond, I won the visitations I asked for by default and my ex is still refusing visits. Now I am about to serve her contempt and enforcement that I filed and was granted. I just found out she filed a DV restraining order against me because she insists that I am the most horrible person in the world but it is just a tactic to further delay and break the bond of fatherhood and children. I fall under the jurisdiction of the Federal court due to 28USC1331 and 28USC1332. Please, what's the procedure to ask the court to dismiss due to lack of jurisdiction ? And can I just dismiss the contempt and enforcement here and register last order in California ? My ex will continue fishing for police reports while she is breaking the laws. Her attorney in this state used to never serve me and lie.
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A:
To dismiss a restraining order filed in California for lack of jurisdiction, you would need to file a motion with the court explaining why the court does not have the authority to hear the case. In your motion, you should clearly outline the reasons why the California court lacks jurisdiction over the matter, such as the fact that you and your ex reside in different states and that the federal court has jurisdiction over your case due to specific federal statutes.
You will need to provide evidence to support your argument, such as proof of residency in a different state and documentation of the federal court's jurisdiction over your case. It's important to follow the proper procedures and deadlines set by the court for filing motions and providing evidence. Additionally, you may need to attend a hearing to present your case to the judge and answer any questions they may have.
Regarding the contempt and enforcement actions you filed in your state, it may be possible to dismiss them and register the last order in California, but you should consult with an attorney familiar with family law in both states to determine the best course of action. They can advise you on the specific procedures and requirements for dismissing the actions in your state and registering the order in California, as well as how to address any further legal challenges from your ex or her attorney.
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