Defaulted at a Restraining Order Hearing Due to Appearing Thirty Minutes Late

My question involves restraining orders in the State of: California

Hello. I arrived 30 minutes late to my court hearing on a DV-TRO filed against me on completely false accusations. I have overwhelming evidence (documents, witness declarations, prior filings, prior TROs against Protected Person, etc) of a pattern of abuse on part of my ex-GF against me due to an accident our baby son suffered leaving him brain injured. I was late because of traffic, but that's no excuse. I was late, it was my fault, period.

Judge ruled in my absence granting ex-gf a 5-Year Order of Protections, granting her full custody, conduct and stay away orders, and most hurtful, no visitation with my 4-year old special needs son. Ruling seems beyond excessive given I have no criminal record or history of abusive conduct and fact that this hearing was added under the same case number from a near-similar December 2014 custody and visitation denial attempt on her part that was completely crushed, mainly in part to her omitting she had an active restraining order against her by my son's care facility. That Stip and Order granted preserving my joint custody and 50/50 visitation, but only applied to my son while resident at his former long-term care facility, where he was a resident for approximately 2 years. He moved to home care at hers on 9/11/2015 and that is when the renewed attempts began, culminating with today. What are my options given this was a default order and judge did not appear to have read the the previous case filings indicating the mother's history of abusive conduct and false accusation? TIA

Why would the judge read the prior court issues? The court does not research the case whether it be for the applicant or respondent. It is up to the parties to argue their own case and since you weren't there you couldn't argue yours.

additionally an application for an RO is based on the current situation. Past issues may not have any effect on the current case, even if they are as you state.


Since everybody has cellphones did you contact the court while you were stuck in traffic?

you are likely to be to the point where you need an attorney to get anywhere. You're path of setting aside the RO is going to be based on the court excusing your tardiness and that is rarely a self help matter.

Since you were not there to contest the matter, he ruled against you. About the only chance you have to modify or vacate the order is to retain legal counsel who can somehow get the matter on a future calendar before the court for another hearing. i cannot say how likely that might be, but, it is possible.

The fact that you may have evidence of abuse against you by your girlfriend does not mean that she did not have some proof of abuse or threats of harm from you against her and your mutual child. No one can say whether your "evidence" would have changed the course of the proceeding or not. As it stands, since you were not there, the court ruled based upon the only info it had before it.

Thank you for the replies. I appreciate the insight. I most definitely will be seeking legal representation.