Elizabeth Densmore and Matthew Densmore
Case No: 17FL01819
Hearing Date: Tue Apr 30, 2019 10:30
Nature of Proceedings: Req. for Order: DVRO
RFO: Domestic Violence Restraining Order and CMC be continued
Attorneys
Tracey Rangel Cruz for Petitioner (“mother”)
Paul Pettine for Respondent (“father”)
Ruling: For the reasons set out below the matter is continued to July 23, 2019, to the Family Law CMC Calendar; all temporary DVROs will remain in effect until further order of Court.
Analysis:
Mother filed the Petition in 7/2017; just answered in 4/2019; 3 year 10-month marriage; one child born 3/2016.
The request for a DVRO was filed 8/2017; temporary restraining orders were issued; Tracey Rangel Cruz has periodically appeared and requested the RFO: Domestic Violence Restraining Order with all temporary orders to remain in effect; the Court has granted her requests; and the CMC has also been continued.
For this hearing a FLIS was filed by Mr. Pettine, counsel for father; reports that Counsel have met and are working on a parenting plan. Respondent requests that this matter be continued for 90 days with all order remaining in full force and effect unless agreed otherwise in writing.
Court’s Conclusions
The case should be on the CMC calendar with all temporary DVRO to remain in effect until the case is prepared for a hearing. For a very long time father has not participated in the proceedings and it is evident he is now willing to do so. Mr. Pettine has requested time to address the issues. Additionally it appears that as to mother’s request for a DVRO, it may overlap a criminal DVRO which may now be in place. We never know, however, when those ROs might be vacated. Thus the temporary civil temporary DVROs should remain in place for now. The Court intends to set trial dates at the next CMC.