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A spouse has a restraining order against me but seems like she will be a no show even though the judge granted her a continuance

San Diego, CA |

once for two months because she claimed that she had no financial means to get to my own city where the case was filed. So I thought that she would have to come. I must mention that she also did not request the continuance herself, but rather was complaining that she would prefer to present herself by phone with the help of the interpreter, but the judge said that she could only proceed by phone if she refuses the assistance of the interpreter. She claimed that she can not travel to the city the case was transferred to as she 'does not want to see me' too. Anyways, so the judge asked her if she will show up in two months giving her enough time to earn her money, and she agreed. So now I got her 'evidences' in mail where there is a long report she has submitted to the court and there

is a statement written which goes something like this "if the court has any questions about these evidences, they can contact me" so I am assuming that she's going to be a no show for sending about 15 inch thick paperwork in form of emails. I am simply overwhelmed to look through what she has sent and I've been on this since yesterday, and still not finished. How in the world would the judge look at her 'evidences' by her not showing up I am assuming...I mean I have spent two days looking into this and still not finished because there's too much information that is simply unrelated to any threats. The judge would have to cancel his hearing for 2 days and take her box full of papers home as well to at least finish looking into this for 2 days. There are bunch of printed emails (copy pasted) and bunch of witness affidavits of people whom I only seen once in life. How will this end lol I wonder please advise.

Attorney Answers 3

  1. Best answer

    In any county in California, if the petitioner does not appear for their own DVTRO, the restraining order will be dismissed without prejudice, automatically. Some judges will wait a bit, and use the 15-minute wait rule. Others use the half-hour wait rule, and still others will wait a whole hour before finally dismissing it outright. As a matter of fact, if you're the respondent, and you are ready to present your case, and the petitioner is there, but not ready to present his/her case, then you ask for a dismissal if they are not ready - just to at least force them to litigate (litigate, unprepared).
    Hope that helps.

  2. If she does not appear, ask that the matter be dismissed for failure to prosecute.
    If she appears telephonically, object as it interfers with your right to call and cross examine a witness. Impacts the Judge's ability to weigh her credibility.
    The person on the telephone, may or may not even be her, no way to identify her.
    Object to all her "evidence" as hearsay. Even the declartions becasue the declarants are not present to cross examine, which is your constitutional right.
    You must ask that the Judge not consider her "evidence" before you proceed, on the grounds of hearsay.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship. **************CAUTION*************** CAUTION*************** CAUTION ****************** CAUTION************ Readers should be cautioned that AVVO cannot be relied on as they have a corrupt and dishonest rating system. AVVO routinely allows "client reviews" to be posted by individuals that are not "real" clients. AVVO does not ensure that the public receives truthful accurate information.

  3. As a matter of practice, most judges in San Diego will dismiss the TRO if Petitioner is not present. Good luck.

    Legal disclaimer: The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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