QUESTION

Is a petitioner allowed to be absent from court if represented by attorney in domestic violence case?

Asked on May 25th, 2016 on Divorce - California
More details to this question:
Petitioner filed a TRO. When case first came for hearing, Petitioner went on vacation and her attorney appeared while defendant appeared via telephone. Defendant asked twice for case to be dismissed but was ignored by Commissioner. Case was delayed for later in the day because Commissioner said this may need testimony even though attorney gave testimony from Petitioner's DV100. Defendant questioned the statements on the DV100. Commissioner stated to attorney their client was supposed to be prepared to move forward. Commissioner delayed the case. 3 hours later when Defendant called back in the Commissioner set a new date even though Defendant asked twice to be dismissed because Petitioner did not appear in court. The second court date attorney, after hearing the defendants defense, was allowed to submit additional exhibits to make a defense against the defenses defense.
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1 ANSWER

Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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The Petitioner should be excluded if you object based on hearsay grounds. The Court should have dismissed the case if there was no evidence to support the case. In the second hearing exhibits can be admitted to support the case if they have proper foundation. You need to make objections to all evidence in the record.
Answered on Jun 21st, 2016 at 8:47 AM

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