
Quoting
Proc. Eng.
My question involves a child custody case from the State of: CA
I'll try to make a long story as short and concise as possible.
My brother-in-law's ex wife has custody over their son. He is in the military stationed in VA. She lives in CA. My brother-in-law is currently in the hospital, and has been for over a week, awaiting a temporary change of duty orders to come to CA to go to a facility here for therapy treatments.
While in the hospital last week, he was trying to set up one of his 10-day visitations over the phone with her for when he is out here in CA. She informed him that she filed a TRO against him protecting herself, son, and boyfriend so he could not have any visitations with their son until after the court date if the court allowed it. She also informed him that she will not respond to any communication from him. He has not been served, and we were unable to find any public records showing a TRO yesterday. We do not know when she filed a TRO, if she did.
In addition to this, she sent a text message to my brother-in-laws sister, mother, and father, all of whom are able to pick up her son for visitation on the first weekend of every month in the event that my brother-in-law can't use his visitation that month under court order. The text message told everyone that she filed a TRO against my brother-in law protecting her, their son, and her boyfriend so she will be cancelling our visitations as well until after the court date depending on the court ruling and will not respond to any of our communications as well.
As I understand it, a TRO is not valid until he is served. We have seen no record of their being a TRO case number or court date filed against him under public records. How long does it take for a TRO to show up under public records? What can we do when she refuses to speak with anyone, and is going against the court order before anyone has been served?
Can she stop visitation with his family even though the TRO is only against him? We believe she can't as the alleged TRO says nothing about his family, and the court ordered visitation states that they get visitation in the event he doesn't for the month.
Any insight/help is appreciated.