Yes Jeanette ufortunately you do I already looked into. Also it is illegal in the state of California to shall we say "evict" your husband and lock him out of the house. He has the full right his resedence as you do
The person who asked the court for the divorce. The other person is Respondent.
Question is not really worded clearly. However - the same order that prevents the respondant from contacting the petitioner also protects the respondant from being contacted by the petitioner. THey are in equal violation and can be sanctioned by the court that issued the order. The petitioner can NOT contact and harass the respondant just because the petitioner thinks they are 'protected.' However, even if the petitioner can be proven to be violating the divorce decree that is a separate issue from the protection order which will have to be handled as a contempt matter.
In legal contexts, the petitioner is the party who initiates a lawsuit or brings a case before a court, seeking a specific outcome or remedy. The respondent, on the other hand, is the party who responds to the claims made by the petitioner in a legal proceeding.
In a trial, the Petitioner typically presents their case first and may not directly question the Respondent, as the Respondent is usually given the opportunity to present their defense afterward. However, the Petitioner can cross-examine any witnesses called by the Respondent. If the Respondent takes the stand as a witness, the Petitioner can question them during this time. The specific rules can vary by jurisdiction and court procedures.
The parties to a US Supreme Court case are typically referred to as the Petitioner and the Respondent. This is approximately analogous to the Plaintiff (Petitioner) and Defendant (Respondent) in a criminal case.
In a legal case, a petitioner and respondent are terms used in civil cases, where the petitioner is the party bringing the case to court and the respondent is the party being sued. On the other hand, in criminal cases, the terms plaintiff and defendant are used, with the plaintiff being the prosecution bringing charges against the defendant.
They shouldn't alternate in any one docket. However, the petitioner in one docket (e.g., child support) might be the respondent in another, related docket (e.g., visitation).
The Petitioner is the party that files the appeal (petition for writ of certiorari) with the Supreme Court. Typically, this means whichever party lost the last appeal, but either party may file first. If the case is important enough that the parties suspect the Supreme Court will grant certiorari, they may each try to petition the Court first. The reason is that the Petitioner is allowed to present rebuttal (an answer to the Respondent's argument) during oral arguments, whereas the Respondent is not. This may give the petitioner a strategic advantage.
Yes. The Petitioner (or Appellant) brings his or her case against the Respondent (or Appellee). The Petitioner is the one who files a petition for a writ of certiorari.Usually, this means the Petitioner lost in the intermediate Court of Appeals, but there have been occasional instances where the winning party files first, in anticipation of the decision being challenged. This strategy is sometimes employed because the Petitioner gets to present his (or her) case first, and may reserve a portion of his allotted 30 minutes for rebuttal after the Respondent has argued. Having an opportunity to rebut the opponent's argument can present a significant advantage.
If the respondent does not want to be served, it is really not up to the petitioner to locate him. What the court wants is a concerted effort in locating the respondent so that later the respondent cannot say that no effort was made. Keep a journal of your efforts to show the court. Make an entry for every phone call, every address check, every mutual friend you talk to, every possible employer you contact, etc. You can relay this information then to the court as you learn about the individual's whereabouts, but it probably will not result in the individual being served.
If the respondent is served, that is proof to the court that he or she has been informed of the court action. In a number of states, the person who serves the respondent only needs to touch the respondent with the piece of paper. Your lawyer can explain the procedure to you.
In an Appeals Court, an appellant, otherwise known as the petitioner will be in the courtroom. The respondent, also known as an appellee will also be in the courtroom. There will also be attorneys and appeal court judges.