Open and shut case. Domestic violence restraining order.

Asked about 1 year ago - Oceanside, CA

Fiancé beat me last dec in utah & was jailed a month. May 22nd jailed in vista for hitting me again, this time I was 9 mnths pregnant. I was on bed rest, couldn't go get tro. Had the baby June 3rd, but my fiancé filed faulty domestic violence. I bought a flight to go home to another state, later got served. I can't afford to change my flight, need to go home, or will end up homeless with infant in Cali.
I have affidavits of people that have seen his volatility. Have the papers from utah. I can give someone $500 to show up for me on the 17th at the vista courthouse. I just can't stay and be homeless because this guy is abusing the system & me. I don't want a restrain order on my record, nor warrant for arrest. I just want to move back home, & start over w/ my baby so we are safe.

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Lawyers agree

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    Answered . I am sorry you are going through this, please sit down with a local attny and go over your options especially given your history of being abused, you really need to make a plan, take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Peter Michael Liss

    Pro

    Contributor Level 7

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    Lawyers agree

    Answered . A lawyer may appear in court and continue the case without so you don't have to change your travel plans. However, you may want to return at the continued hearing to testify to increase your chances of beating the Restraining Order. A lawyer can proceed at the first court date and have the hearing without you but you run a significant chance of the judge discounting your declaration over live testimony.

  3. Benjamin Aguilar

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . Sounds like you need to meet with an attorney and discuss your history of domestic violence. It is not clear what you ex is bringing you to court for. Is he claiming he is the victim of domestic violence? is he also requesting custody or visitation of the minor?

    This is not legal advice and a client-attorney relationship is not created as a result of this communication. For... more
  4. Patrick Martin Buchanan

    Contributor Level 7

    1

    Lawyer agrees

    Answered . You are entitled to onecontinuance as a matter of right, and I agree with Mr. Liss that you should be present, to have a local attorney review the fatual predicate for your opponent's claims AND to review your past victimization and put together a proper defense. This is among the most highly abused of legal processes we have, probably because it is free and I think the framers of the Act had not envisioned it would end up being used as a sword (or hammer) far more than as the shield it was intended to be.

    Definitely have someone present, and you should call the court, explain your situation, and request a telephonic appearance and that you will be requesting a continuance to procure private counsel. Our firm defends these and has a 100% win ratio. Our cost is more than $500.00, however.

    Very best regrds,

    Patrick Buchanan

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