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Printable Form 1041 Hayward California: What You Should Know

You must go to the court. The judge will need: Proof of your identity. Your picture. Proof of your address. A certified copy of your divorce decree. A certified copy of your petition for a restraining order. The judge will make you an order. It says: Judge. (He may have to sign the order yourself.) That's the name of the judge who made the order. If you don't have a judge, you'll have to go to the clerk of the court and tell him you need a restraining order. The judge will: Read the decree. Ask to see it. Read it again. Give you time to read it and to ask questions before giving a decision. Take the decree under section 5-102 of the California Code of Civil Procedure, for a hearing before a “notary public.” (You may have to show up on the date specified in the order.) This is a public hearing, so you can see the judge, witnesses, etc. Go to the same clerk's office. Bring any papers you need and your signed decree. Take the decree, along with the judge's decision, to the court at the same place for a final hearing. When you go to the hearing, the judge will ask your attorney about what the decree says. The judge wants you to explain both what the decree says and what the judge needs to understand. You must try to understand what the judge is asking for, so you understand the decree. The judge might ask you to explain it in more detail. And you must explain it if the judge asks. If your attorney doesn't help, you must go to the hearing yourself to explain it in more detail. If the judge makes an order, your lawyer must file the decree with the judge before it goes to the other side's lawyer, and file it with the clerk of the court within a week. The decree can be sent directly by U.S. Postal Service, but this takes several weeks of waiting. You must try to explain it yourself, so you can take a little time to write it out, as well. If you can't do this, then you are likely to ask the judge for a change from the decree. In this case, a hearing must be scheduled for this new decree and a new hearing date set. You must make all the payments your attorney is telling you to make (but you can pay another way).

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