I’m trying to get a court order to keep my ex away from me and our child. The first time we went to court, he came without filling out any paperwork beforehand, so the trial got delayed by a month. The judge told him he needed to do that.
The second time, he did fill out some paperwork, but he didn’t give it to me before the trial, like he was supposed to. The judge said he had to give it to me and postponed the trial again.
Now, our third trial is in a week, but he still hasn’t given me that paperwork. I did get a notice that he hired a lawyer for custody stuff, but he’s supposed to give me his response to the court.
I feel like he’s stalling the process by not giving me what I need to go to trial. Should I talk to his lawyer about it? Or should I ask the court clerk for a copy of the paperwork directly? What do you think I should do? (I’m representing myself.)
I’m aware he gave it to the court. The judge held it during the last trial and mentioned it was long. Also, he’s facing revenge porn charges, and I’m pretty sure the inappropriate pictures are in his response. He submitted it before hiring a lawyer. I really want to see it because I have the right to and it might be needed for the revenge porn case with the attorney general.
Dealing with legal matters, especially concerning your child’s well-being, can indeed be stressful. Here are steps you can take to address the situation:
Contact His Lawyer:
Reach out to his lawyer politely, expressing your concern about not receiving necessary paperwork for the trial. Request clarification on the status of his response.
Document Everything:
Keep records of all communication related to the issue. Take notes if you speak with his lawyer and document any attempts to obtain the paperwork.
Court Clerk:
Visit the court clerk at the courthouse where your case is being heard. Explain the situation and ask if they can provide a copy of his response. They may guide you on the proper procedure.
Motion to Compel:
If necessary, consider filing a motion to compel, asking the court to order your ex to provide the paperwork. You can draft this motion yourself or seek assistance.
Be Prepared for Trial:
Prepare your case thoroughly. Gather evidence supporting your position and be ready to present it effectively during the trial.
Seek Legal Advice:
Since you’re representing yourself, consider seeking legal advice from a family law attorney. Some offer limited-scope representation, guiding you based on your circumstances.
Remember, you have rights as a parent, and the court should ensure a fair process. Stay organized, informed, and advocate for your child’s best interests. Good luck with your trial!
In cases of Domestic Violence, it’s not mandatory to file a Response. In fact, often it’s a strategic choice not to do so.
If you haven’t received service, it’s advisable to obtain a copy directly from the court. Depending on your County, your courthouse might offer online access for free or for a small fee.
I strongly advise against engaging with his attorney directly. Given that you’re a party to the case, your words can and will be used against you in Court. Proceed with caution.
If you received a “Responded Not Serving Response Declaration” for a Domestic Violence Restraining Order (DVRO), it means that the respondent did not serve their response declaration to the court and the other party as required. This could affect the proceedings, possibly leading to a default judgment or other legal consequences for the respondent. It’s crucial to consult with a legal professional to understand the next steps and ensure compliance with court requirements.