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Can I bring witnesses to my Restraining order hearing if I didn't file papers saying so with my response.

San Diego, CA |

I have a hearing this coming Monday for a restraining order. I filed my response and served the other party already. I have some mutual friends who think that my ex has simply lost her mind for filing it and they want to be witnesses on my behalf. My response has no mention of witnesses or declarations in it, other than my own. Their testimony will support my statements and refute the false allegations she has made against me so I would love to use them. Now since I haven't mentioned them at all is it permitted for me to bring their signed declarations of what their testimony will be into court and add it into the records? Or am I out of luck as far as using them at all? This is in California referring to my DV-120 response. Thank you in advance if your kind enough to help me out.

Attorney Answers 2


You can certainly try. Best move is to hire a locally experienced attorney to assist.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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You need to inform the court that you have witnesses. Or if they have signed declarations, you can serve them (fax or personal service other than yourself) over the weekend and take the proof of service to the court on Monday. The judge will decide to either give the other party more time or will deal with it at the hearing. It is a good idea if you take a lawyer with you.

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