When will the judge read the filings?

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KDus
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When will the judge read the filings?

Postby KDus » Sun Nov 21, 2010 8:59 pm

Seems like the judge is fair and reasonable. So, I can't grasp why the kids aren't home yet. The allegations are really weak and the evidence is even weaker. They haven't even presented evidence that supports the "failure to protect" allegation, but we're still going to trial.

When will the judge read my reponse affidavit, Declaration, and Demurrer? Do I have to go to trial before anything is considered?
I got praise from the judge but she still told me to get an attorney. My wife's appointed attorney has done NOTHING. Why would I want that?

I admit that the CPS report looks bad on its face and it is clear that the judge has looked through it. BUT, the evidence doesn't support the allegations and my filing show that.
The days just keep ticking by and I see my kids 1 hour a week. Last time they were 2 hours late.
Anyway....

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LindaJM
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Re: When will the judge read the filings?

Postby LindaJM » Mon Nov 22, 2010 12:40 pm

If you're going to trial you at least have a fighting chance to get the kids home sooner than later. If I couldn't afford a good attorney I would represent myself. It could be, however, an advantage to have an attorney on your side. Did you request consultations with any? I would go outside the county for an attorney to avoid the good old boy syndrome among county residents.

Oh, and to answer your question, the judge should read your declaration and other paperwork before court if it is in the court file already. Nothing will change until the court date. Good luck! When will you be in court again?
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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KDus
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Location: Kansas City

Re: When will the judge read the filings?

Postby KDus » Mon Nov 22, 2010 2:13 pm

I have consulted with an attorney that got out of the good old boys club to defend parents on the criminal side. He gave me some good insight on how things work behind the scenes.
Also, I use a legal service that lets me call an attorney with questions for a flat monthly rate. That has helped me with finding the right forms and what I should and should not put in a declaration.
I'll be filing a demurrer instead of a motion for dismissal, because the evidence doesn't support the allegation. The judge may have been giving me a hint about that with something she said last time.
I think you are right, nothing happens outside of a hearing. We all know the case worker isn't going to "do the right thing".
Next hearing is Dec 14, 2010. By then, my wife's attorney should have finally filed her declaration. It should be very powerful.
The question remains: Does it matter what the law says? Or, are they gonna make this a punative case?
BTW, they case worker gets confused when I talk to her. I think I use too many big words.

One things is certain. The whole system is to be caught off guard when parents don't fall to their knees and start begging.

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KDus
Posts: 161
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Location: Kansas City

Re: When will the judge read the filings?

Postby KDus » Thu Dec 16, 2010 8:17 pm

A different attorney suggested that using the JV-180, JV-183, JV-184 forms can force the judge to consider new documents.
The JV-180 requests a change of an order based on evidence you bring up. The other forms set a hearing and propose an order.
I don't know if this applies outside CA.

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LindaJM
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Re: When will the judge read the filings?

Postby LindaJM » Sun Dec 26, 2010 5:52 pm

KDus wrote:I have consulted with an attorney that got out of the good old boys club to defend parents on the criminal side. He gave me some good insight on how things work behind the scenes.

What did he say about how it works behind the scenes?

I'm attaching the forms you referred to... good for California, but people in other states might use them as samples to draft a document that could be submitted in their states.

They are available here: http://www.courtinfo.ca.gov/forms/ - wouldn't hurt to see if there are any updates as sometimes these forms are revised from one year to the next.

Request to Change Court Order
jv180.pdf
(32.96 KiB) Downloaded 145 times


Court Order on JV 180
jv183.pdf
(20.73 KiB) Downloaded 128 times


Order After Hearing on JV 180
jv184.pdf
(21.26 KiB) Downloaded 132 times
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...


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