Thanya De la Rosa v. Felix Hernandez
Case No: 16FL03136
Hearing Date: Tue May 22, 2018 10:30

Nature of Proceedings: Req. for Order: Modification Visit

Petitioner’s Req. for Order: Modify Visitation

Stacy Robinson Attorney for Petitioner

Respondent in pro per

Ruling: The request for modification of visitation set for 5/22 and the request to renew the DVRO set for 5/29 will both be heard on May 29, 2018; additionally, the Court will inquire of the moving party if the POS by mail on both or either issue is sufficient; Respondent has not filed any response.

Analysis

On 4/20/18 the Petitioner filed a request seeking to renew the Restraining Order After Hearing (Form DV-130) that had been previously granted and which expires on 6/11/18; seeks to extend it five years; Respondent calls her and texts her; threatens to kill her; POS was by mail.

On 4/24/18 Petitioner filed a request for modification of the visitation orders made in early 2017 and which are now in place; she now seeks new orders that would provide for no visitation to father until he has:

1) Completed 52 Anger Management Sessions

2) Completed treatment for his drug addiction

3) Completed the “Positive Parenting Program” through CALM.

POS for the modification hearing was by mail.

On 5/4/18 Petitioner filed a Supplemental Declaration in support of her request to renew her DVRO; it reflects that the hearing is on May 22 [it appears the DVRO hearing in on 5/29].

As for the request to renew the DV Order, she gave written notice, again by mail, that the date of hearing was on 5/29/18 at 10:30; the Notice [signed 5/1/18 by the Court] provides that at the hearing, the Judge can renew the current restraining order for another five years or permanently. Before the hearing, he can file a response on Form DV-720. He must continue to obey the current restraining orders until the expiration date on the current orders or the hearing date, whichever is later. At the hearing, he can tell the Judge why he agrees or disagrees with the request to renew the orders. If the restraining orders are renewed, he must obey the orders even if he does not attend the hearing.

Court’s Conclusions:

There appears to be some issue about the date of the hearing; the request for modification of visitation is 5/22 and the request to renew the DVRO appears to be 5/29. Additionally the Court will inquire if the POS by mail on both or either issue is sufficient; Respondent has not filed any response.