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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default Upcoming R/O Hearing

    My question involves restraining orders in the State of: California

    My stepsons girlfriend filed a R/O on me based entirely on lies. My stepson has been in an abusive relationship for over a year now and calls is mother and I several times a week telling us she is hitting him, threatening him, kicking him out and destroying his property and tossing it out the door. We have given him all the advise we can over and over again. Unfortunately he never follows our advise so we have told him he needs to work it out himself, he is nearly 21 years old. Stepson and girlfriend have a 6 mo. old son together. Stepson called Friday evening crying because girlfriend said he was not allowed to have his son at an event where stepsons ex-girlfriend was attending (work related) stepson said girlfriend was threatening to take the child and leave the state. My wife and I told him to come over but it had to end now and he had to follow our advise which is to hire an attorney and get a parenting order in place with the court. Stepson came over with child and was sitting upstairs with my wife and I at the kitchen table when girlfriend barged in the front door stormed upstairs and said she was takinf the child, My wife asked her what was wrong and she said "we are finished and I am taking my kid". My wife said "you are not takeing the child and racing around with him in my car". Girlfriend said "fine I am calling the police". My wife told her she was not taking the car and girlfriend started running for the door. I followed her and my wife and stepson followed me. I got to the door first and demanded the keys to the car. Girlfriend said she threw them. two more of our children were upstairs and called out that they found the keys. At that time girlfriend pushed me out of the way and left the house. We told my stepson to go to his apartment and get his valuables before she destroyed them which he did. While he was gone the police showed up and girlfriend told them that my wife and I kidnapped the child and my stepson was never there. Stepson returned, police came upstairs took the child to girlfriend and sent her on her way. Police then started asking questions about what happened and said girlfriend said I threw her into a wall and knocked her around. After we all told them the truth they said they were sorry and girlfriend was not being truthful to them and she should have never been able to take the child from his father (stepson). The following business day I was served with a R/O filled with false allegations about threats of violence and kidnapping.
    I filled out the answers to request to orders to stop harassment and filed them the next day along with declarations from my wife and stepson.
    I cannot at all afford to hire an attorney right now as we are in the middle of a move from Lake Tahoe to San Diego and have put down most of our money for a rental home there.
    I don't know what to expect at the hearing.
    My questions are:
    Will the judge take the declarations of my wife and stepson into account even though they are family members? (they will also be at the hearing as witnesses)
    Will three witnesses against one person matter?
    Can I get this thrown out at the hearing? Will it be on my record?

    I believe her father put her up to this can he be held responsible?
    Her fathers attorney called her to tell her she needed to sign a R/O and write a statement against stepson and she refused so he cut her off - kicked her out, took her car and told her to F off.

    Thank you in advance for any answers and or advise.

    Scott

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Upcoming R/O Hearing

    Really, get a lawyer. What you can expect at the hearing is that she'll lie, and you'll be on the defensive and out of your depths. If you insist upon representing yourself, make sure your witnesses are present in court with you, and hope for an understanding judge.

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