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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I just received an "emergency injunction" from my deceased

Customer Question

I just received an "emergency injunction" from my deceased husband's daughter whose funeral is August 18' 2015 at 11:00am to appear in court room2410 @ 8:30am so she maybe able to view her father's body. My husband died on August 13, 2015 with a condition that he and I have battled for 6 years (vascular dementia and Parkinson's) . The judge's name that she gave me is Kathleen XXXXXX. What am I to do?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

I am very sorry to learn of your husband's passing, and please accept my condolences.

Unfortunately I really only have 2 options for you here:

  1. Ignore this woman's notice and do not go to the hearing. On the "pro" side, you will not have to go to court on the day of your husband's funeral. On the "con" side, she may get a court order and she may bring it to the funeral, this may cause additional undue stress into your ceremony that you are not prepared to deal with.
  2. Appear in the courtroom that she identified at the time identified (bring a friend, or two, preferably one that is comfortable speaking - while courts don't allow non-lawyers to represent you, this is an emotional issue and a judge is going to allow someone to assist you, plus you will want the emotional support). Tell the court clerk when you check in that your husband's funeral is planned for 11:00 - this way the clerk can put your case at the top of the docket. I cannot promise you what the outcome of the hearing will be (neither you or I even know what the arguments this woman plans on raising will be), but it is probably going to be best to deal with this issue in the courtroom than trying to do it at your ceremony - that way you at least know what to expect, and hopefully can reach a resolution that respects the memory of your husband.
  • Remember, the judge is a person, you can appeal to their humanity. Direct any statements to the court (judge), do not address the other side (your husband's daughter) when making your argument. Do not interrupt (this is an emotional matter, things tend to get overwhelming, but be aware of the impulse to blurt out objections to things that are false or irritating). Make sure to get a copy of whatever order the court signs (usually the court will sign a "minute order" - you want your own copy of it.

I truly do wish you the very best of luck with this matter, and again, my deepest condolences on the loss of your husband.