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I was served with a DV-109 Notice of Court Hearing, my ex is trying to claim that I am voilent and tried to get a restraining

San Juan Capistrano, CA |

order but the judge denied it. My vehicle was parked at the house and my husband delievered the keys to my apartment manager. I took a taxi to the house to get my car and it is gone? It is my vehicle, currently registered to me, and I do not live there. I was letting my daughter borrow it. where could my car be?

Attorney Answers 3

Posted

I'd call 911 and report it as stolen myself

A proper response would require a thorough investigation into the history and background of this relationship. The information provided above is just that, information, to be used as you see fit.

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Posted

The notice is notification that a hearing has been set where the petitioner is alleging that an incident of domestic violence has occurred. You have the option and it is recommended that you file a response to the allegations. Should you fail to respond the judge will only have the evidence that is presented by your ex and will not hear your version of the facts. DV restraining orders can have serious consequences and implications that will potentially impact child custody and where you can be.

You should consult with an attorney to assist you with defending the restraining order.

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Posted

The best thing to do is to tell your daughter that if the car is not returned in the next 2 hours that your are on your way to report it stolen with the police department. Hopefully your daughter will either return it or have whomever has it return it. Otherwise you will need to report it stolen and hope that the police will help you get it back.

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.

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