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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11798
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In a Ca. Family Law case I am the respondent in a TRO

Customer Question

In a Ca. Family Law case I am the respondent in a TRO hearing. The initial Judge during my cross ended the trial and
A year later we resume with a new Judge whom limits me to only raising or addressing issues contained in new prtm. request. This denies me the right to respond to the issues that initially were cited. What is my position am I correct? If so what is the recourse as we have closing arguments tomorrow.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
The initial Judge ended trial after I had made 2 questions on cross as it was 4 pm friday and I never was allowed to respond or finish or do direct, she did issue temp. but expected us back i 10 days, she after a year recussed herself and the new Judge has limited it to only issues raised in new petition for a permanent order. I believe this is wrong as I should be allowed to respond and address the initial issues or it is denial of equal protection etc. So what is right
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
WOW so much for this service by the time a response is given I will be in court
Expert:  S. Kincaid replied 1 year ago.

Are you saying there were two separate requests for a restraining order? Or was there only one?

Customer: replied 1 year ago.
only one and I have never been able to even do my cross or my case to respond as the court ended for day then Judge recusses and the new Judge begins on new motion for it to be perm
Customer: replied 1 year ago.
You can call if easier but I have closing tomorrow and it went bad as I was unable to bring in much
Customer: replied 1 year ago.
any thoughts or questions??
Customer: replied 1 year ago.
We have had many appearances to extend te date just never have gotten to resume the hearing it is all wrong this case
Customer: replied 1 year ago.
hmm so much for advice??
Expert:  S. Kincaid replied 1 year ago.

This is what's confusing me. you said, "A year later we resume with a new Judge whom limits me to only raising or addressing issues contained in new prtm. request." What do you mean by that if there was only one request?

Customer: replied 1 year ago.
The Initial judge began the TRO hearing and I was able to ask 2 questions on cross before day was up. The Judge issued a TRO with a date a week away to complete trial. For various reasons it was continued, and our initial Judge recussed herself. Our new Judge basing on the request for it to be perm. then said there is nothing to discuss on the Temp, it was a done deal. The isues and questions then are limited to what opposing counsel stated or raised then only.
However this deny's me the right to be heard and the ability to address the same issues as opposing counsel has. It was denied by Judge Bertolli and the TRO issued, So nevermind and should just cancel this acct
Expert:  S. Kincaid replied 1 year ago.

I still do not understand what you mean by "The isues and questions then are limited to what opposing counsel stated or raised then only." But if you want to cancel this question, I can get it closed for you.