Not sure of the facts here. It sounds like the husband has been served with the DV petition and a hearing date is scheduled. If that's the case, then you both can agree to move the date. Since this is highly unlikely, you would have to show up to court on your appointed day and try to get an extension. But since you are the petitioner, then the court would want you to proceed with the case; especially if the husband shows up as well. Again,the facts here are not clear.
I suggest you consult with an attorney. Alternatively, you could visit the court house self-help clinic. They may be able to guide you on this.
First, if the protective order against your soon-to-be ex-husband was issued by the family law court, then they have notice of said issue, including the court date. If said protective order is a criminal protective order, then you need to get a copy of it and file it with the family law court as soon as possible so that the family law court knows it exists.
Second, if the protective order was issued against your soon to be ex-husband protecting you, you can contact him without violating the protective order to request a continuance of the court date in question (be specific and only address the need for an extension and nothing else). If he does not reply or says no, then just show up and ask the court to continue the date until after the DV case is heard. I know you do not want to or cannot miss work, but you may have no choice, as you must attend all court hearings.
I hope this helps.
First, the order is against soon to be ex. So, you cannot violate it by contacting him.
Second, whether you or your employer like it the court considers your employment missing work as a secondary issue and your presence before the court is to be number one.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
You will need to hire an attorney to avoid him denying that he got notice and possibly to arrange for an extension and a resolution of this matter.
I handle family law matters:, child custody, property dispute in Los Angeles or Orange County, California. Always consult attorneys in your state!! Use Avvo’s tab “find a Lawyer” above.
In all legal matters, the court generally uses the reasoning of IRAC. I for issues, what are the facts and what remedies do you seek. R stands for rules and reasoning, what are the laws and what makes common sense. A is analysis how do the laws and common sense apply, C is conclusion, what are the arguments pro and con..
I do limited scope agreements, where I only prepare the papers for court and try to prepare you for testify; I always recommend using an attorney when you can afford one as that usually increases your chances of winning.
Do you want your current or ex-spouse to know or hire me first?
In child custody, the simplest explanation is “what is in the best interests of the child (ren). In support proof of earnings, needs of the children and percentage of time spent with the child(ren).
In Community versus Separate Property, considerations include tracing the funds, and how profits are made.
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My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
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