Help me on what to do in California as I have no money but have done a lot on my own and will win with some generous persons professional legal expertise advice.
History: Married 5 yrs. together 12 years, we have 3 kids/1 is my step son. We we're separated for 6 months, my step son went to live with her 4 months of this time. And then she was asked to leave and had no place to live I let her stay here temporarily but I asked her to let my step son stay. During this time, 1 day after she got angry and said she was taking the kids and she came at me and violently grabbed my 4 yr old from me, same with my 8 yr old and involved her mother and brother to come get them. I called police but they couldn't help without custody order, but she brought them back that day without step son. He's staying with mother-in-law. The second time after that she sneaked off with my 4 and 8 yr olds for eight days, this is when I filed and explained the first abduction and reason for exparte. I filed for divorce & emergency custody but judge denied emer. cust. and set up mediation and hearing within 2 weeks and said to serve her. I couldn't because I didn't know where they we're. After she brought them back 6 days later, then I filed for a TRO because of recent/past violence and fear of fleeing again out of state, he granted a condition of it, ordered that both of us have custody but wife sees them weekends, with me the weekdays but no taking children out of California or Orange County and no bad communications. That prompted a S.A.R.B. meeting too. The mediation failed of course, but at the hearing, I found out that the wife filed a false DV allegation and the judge asked what is my response? I said I had no idea because I had no papers and didn't know anything about it. So he gave me a month to find an attorney and set this in front of divorce issue. The S.A.R.B. meeting was done nothing bad really because he's been attending regularly.
First I have no money and was expecting help from community entity that social services brought in (yes, SS/CPS knows about everything because I'm receiving state benefits as I lost my job and then she left me and the kids), but when I asked for this they said they mainly deal in counseling and not legal services. I waited for a meeting and they wasted my time. There's no police record/report with this allegation that day she claims, she just made statements afterwards on the day I filed for a TRO because I talked to her and told her what I was filing, there's two calls that I made when she fled with kids both times from me only. I also told the D.A. too when everything happened both times by email.
Second, on that first day I never hit her. She came at me with the 4 yr old in my arms and she fell and hit herself below the shoulder which left a bruise. I let my son go when she grabbed at him and she's using that bruise as me hitting her.
Third, the hearing date I tried to ask her to be reasonable from here on. That's when she confessed about lying and how she was going to make trouble. I had no idea that she filed a DV allegation.
Fourth after that hearing, during my sons 1st visitation she tried to get 8 yr. old to lie and he told me everything and said he was not going to because he was too scared. But mommy expected judge to put me in jail the day of the hearing and she asked judge to split the kids because of this, he said no way and kept the temp TRO and gave me time to answer. The only thing is I never got served with this. She's using my step son to (15 yrs) lie for her apparently on the allegation. There's no records of me doing anything to her throughout our marriage/relationship. But CPS has a report made by her doctor with mom about neglect and abuse. I've never seen it. I only know because that prompted a meeting with CPS worker. After that was the first time she fled without my knowledge.
Fifth, recently she took the kids out of Orange County against the temp RTO court order. I will try to get free legal help but now I'm very scared that I might not have enough time.
Legal questions: How do I answer the DV and what form do I use?
Can I make the contempt of court known and also answer the false allegation and bring focus on the court conversation we had?
Can I make a declaration on why this is a false allegation over all and ask to continue the divorce?
Does the judge make the perjury allegation or do I request this?
If I was never served properly do I tell the judge that?
I have proof she was served by mail she received my petition/TRO at her last known address; her mother signed, do I file this and request her proof I was served?
Please someone respond as I'm now feeling desparate but I'm confident I have enough to make judge know the filing was to stop the court process that was underway. I wish someone would take my case pro bono just to win. Anything reply would do and my email is available if additional help can be given.
Thanks God Bless whoever can help me!
History: Married 5 yrs. together 12 years, we have 3 kids/1 is my step son. We we're separated for 6 months, my step son went to live with her 4 months of this time. And then she was asked to leave and had no place to live I let her stay here temporarily but I asked her to let my step son stay. During this time, 1 day after she got angry and said she was taking the kids and she came at me and violently grabbed my 4 yr old from me, same with my 8 yr old and involved her mother and brother to come get them. I called police but they couldn't help without custody order, but she brought them back that day without step son. He's staying with mother-in-law. The second time after that she sneaked off with my 4 and 8 yr olds for eight days, this is when I filed and explained the first abduction and reason for exparte. I filed for divorce & emergency custody but judge denied emer. cust. and set up mediation and hearing within 2 weeks and said to serve her. I couldn't because I didn't know where they we're. After she brought them back 6 days later, then I filed for a TRO because of recent/past violence and fear of fleeing again out of state, he granted a condition of it, ordered that both of us have custody but wife sees them weekends, with me the weekdays but no taking children out of California or Orange County and no bad communications. That prompted a S.A.R.B. meeting too. The mediation failed of course, but at the hearing, I found out that the wife filed a false DV allegation and the judge asked what is my response? I said I had no idea because I had no papers and didn't know anything about it. So he gave me a month to find an attorney and set this in front of divorce issue. The S.A.R.B. meeting was done nothing bad really because he's been attending regularly.
First I have no money and was expecting help from community entity that social services brought in (yes, SS/CPS knows about everything because I'm receiving state benefits as I lost my job and then she left me and the kids), but when I asked for this they said they mainly deal in counseling and not legal services. I waited for a meeting and they wasted my time. There's no police record/report with this allegation that day she claims, she just made statements afterwards on the day I filed for a TRO because I talked to her and told her what I was filing, there's two calls that I made when she fled with kids both times from me only. I also told the D.A. too when everything happened both times by email.
Second, on that first day I never hit her. She came at me with the 4 yr old in my arms and she fell and hit herself below the shoulder which left a bruise. I let my son go when she grabbed at him and she's using that bruise as me hitting her.
Third, the hearing date I tried to ask her to be reasonable from here on. That's when she confessed about lying and how she was going to make trouble. I had no idea that she filed a DV allegation.
Fourth after that hearing, during my sons 1st visitation she tried to get 8 yr. old to lie and he told me everything and said he was not going to because he was too scared. But mommy expected judge to put me in jail the day of the hearing and she asked judge to split the kids because of this, he said no way and kept the temp TRO and gave me time to answer. The only thing is I never got served with this. She's using my step son to (15 yrs) lie for her apparently on the allegation. There's no records of me doing anything to her throughout our marriage/relationship. But CPS has a report made by her doctor with mom about neglect and abuse. I've never seen it. I only know because that prompted a meeting with CPS worker. After that was the first time she fled without my knowledge.
Fifth, recently she took the kids out of Orange County against the temp RTO court order. I will try to get free legal help but now I'm very scared that I might not have enough time.
Legal questions: How do I answer the DV and what form do I use?
Can I make the contempt of court known and also answer the false allegation and bring focus on the court conversation we had?
Can I make a declaration on why this is a false allegation over all and ask to continue the divorce?
Does the judge make the perjury allegation or do I request this?
If I was never served properly do I tell the judge that?
I have proof she was served by mail she received my petition/TRO at her last known address; her mother signed, do I file this and request her proof I was served?
Please someone respond as I'm now feeling desparate but I'm confident I have enough to make judge know the filing was to stop the court process that was underway. I wish someone would take my case pro bono just to win. Anything reply would do and my email is available if additional help can be given.
Thanks God Bless whoever can help me!
