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What forms do I need to file a motion to set aside for a default judgment on a restraining order

Asked over 2 years ago - Los Angeles, CA
Divorce Divorce Forms Family Filing for Divorce Restraining Orders

I have good cause for missing the permanent restraing order hearing. I was in the emergency room the day or hearing. I have proof and would like to motion for the judge to hear my arguments and ammend the order that is in place for the 3 year restraining order. the the judgment was entered on sept. 9 and i am due in court for divorce hearing on oct 13. i would like to file a motion and be heard on the restraining order before the divorce hearing or even better the same day.

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Attorney answers (2)

Reputation Level 18
Answered over 2 years ago. Divorce / Separation Lawyer in Los Angeles, CA.
Without jumping through a bunch of hoops, and showing the court there's good cause to speed things up, there's no way to get a motion to set aside heard on or before October 13, 2009.

You'll need to file a notice of motion, and an application for order. However, the forms are not the critical issue in this case; it's the information (specifically the admissible evidence) which you will need to provide WITH them that will make or break this. I STRONGLY suggest that you at least CONSULT with an experienced family law litigation attorney, immediately, before trying to put one of these together.
Gould-Saltman Law Offices, LLP
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Reputation Level 11
Answered over 2 years ago. Real Estate Attorney in Los Angeles, CA.
I second my colleague's advice. The rules of evidence can be challenging to someone who is not experienced with them. Family law judges are extremely busy ... some have to handle 40 - 50 cases a day ... and if you present improperly completed paperwork it will not be persuasive and the judge is less likely to rule in your favor.

Hire a family law attorney as soon as you can!
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