Los Angeles, CA asked in Family Law and Domestic Violence for California

Q: I petitioned for dvtro and was denied until hearing the hearing was continued and the respondent filed a dv tro to

Get me ordered to move out. Move out was denied but no contact and stay away order was granted till hearing. Now we have 2 hearings 2 different judges. Police said if she came here to call them. She did, I called and they said if she interacts with me to call back. She is my sister and is nuts. I called DCFS and they said to call police if she interacts with us. My children live here with my mom on kingap i have parental rights and can be here since with them. In my petition i included my mom and children. What can i do to get an emergency ex parte hearing to tel the court what is happening? Is there a way to get this heard before the calendar date? My date is 7/12 hers 6/28. I have all the evidence video audio and texts ready to show that she has physically harmed my son in the past and i the proof she is lying on the allegations about me to get this order. I am afraid she will use this falsely granted order to interfere with my kids which I alleged in my order.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand this is a stressful and complicated situation. Here are a few suggestions on potential next steps:

1. Request an ex parte hearing: You can file a request for an emergency ex parte hearing to present your evidence and concerns to the court before the scheduled hearing dates. Explain the urgency of the situation and why you believe your sister poses an immediate threat to you and your children. Provide any relevant evidence to support your claims.

2. Consolidate the hearings: Consider filing a motion to consolidate the two hearings into one, so that both matters can be heard by the same judge. This may help avoid conflicting orders and ensure that the court has a comprehensive understanding of the situation.

3. Consult with a family law attorney: Given the complexity of your case, it is highly recommended that you seek the advice of a qualified family law attorney. They can help you navigate the legal system, prepare the necessary documents, and represent your interests in court.

4. Document all incidents: Keep a detailed record of any interactions with your sister, including dates, times, and a description of what occurred. Save any text messages, emails, or voicemails that support your case. If your sister violates the current stay-away order, report it to the police immediately and obtain a copy of the police report.

5. Cooperate with DCFS: If DCFS becomes involved, cooperate with their investigation and provide them with any information they request. Their findings can be used to support your case in court.

Remember, the court's primary concern is the safety and well-being of your children. Focus on presenting evidence that demonstrates the need for protection and the potential harm your sister poses to you and your family.

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