QUESTION

Arbitration question: if an arbitrator sends his ruling to court to become a court order and the Judge reviews and refuses, is ruling null and void?

Asked on Jul 01st, 2014 on Litigation - California
More details to this question:
The arbitrator in my custodial case recently created a restraining and gag order against me on his own behalf. He sent it to the court in here in California to adopt as a court order and the Judge reviewed it and then refused to order it. He forced the arbitrator to file the requested restraining against me as any petitioner would -- and then he rejected that, too. The arbitrator told me that the restraining order that the Judge had twice declined to formalize as a court order was still binding on me as a decision of the arbitrator.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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You desperately need a family law attorney. Dissolution and custody court is run under different rules than the regular courts. Get all the papers you can together for the attorney. One important question will be whether the restraining and gag order came from a MEDIATOR or an ARBITRATOR.  They are very different and have very different powers and consequences. That is the first question your attorney will need to resolve for you. I recommend Michael Finein in Alameda. Dana Sack  
Answered on Jul 02nd, 2014 at 3:10 PM

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