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chrizo69 · Jul 25, 2011, 03:18 PM

I have been in fam. Law court multiple times since I filed the first o.s.c.filed by me(father),in which I had to file an order after and have it signed by the judge, every time after that upon my daughters mother refiling in which many were dismissed w/o prejudice, the last order she filed was granted and I got screwed out of my 50/50 cust. Due to a bias mediator that bought her b.s. lies & fabrications, in which when in court on a review ordered by the official judge, was absent upon review of her previous orders, and the recommendation by the last of the all but 1 bias , one sided(womens) mediator (except for guy mediator on original filing, who seen thruogh mothers b.s. and lies that she could not prove evident)... back to the point... I've had police from different cities tell me that a certified minute order is legitimate document to uphold a n order, then others(sppecificly where I live in San Bernardino-Highland actually, but they have jurisdiction), tell me that w/o an order after' signed by a judge, including a certification stamp/seal, a minute order is not an order, only a document of judgement, and they cannot be upheld asan order.(different enforcement agencys, different results)... is a certified minute orderand an order after sighned by a judge the same when it comes to upholding custody orders?

AK lawyer · Jul 25, 2011, 03:37 PM

Originally Posted by chrizo69

... is a certified minute orderand an order after sighned by a judge the same when it comes to upholding custody orders?

Evidently different police agencies have different answers to that question. Maybe you could get the judge to tell them the answer directly- by written order. :cool:

Next time you are before the judge, explain the problem. The judge may be able to fix the process: either consistently issue orders that the police respect, or get the police to respect whatever kind of order the judge issues.

chrizo69 · Jul 25, 2011, 03:43 PM

I have a d.v.r.o against my daughters mother and she has a mutual one, to which she has violated time & time again, niether the courts, nor police will do anything about it(i.e.-d.v.r.o. states that mother is to not call,text,mail, or e-mail me other than specified on order which states only that minor child is to call me every 48 hrs.(which doesstent happen)if so upon proof of service, any law enforcement agency in any state of the U.S. including Alaska and Hawaii are to enforce the order and she is to be arrested for violation of d.v.r.o(hers isn't marked the same),yet calls and texts me regularly and they will do nothing about it, saying they can only document it or I can go online to some county website and document it myself, then take it back to court and show the judge, which I have only to no effect. Yet when she was in hospital having a child that didn't belong to me and called me crying that she had nobody and asked if I'd come be there for her(and I did~stupid me!),had a mediator say this was evidence of me violating restraining orders by a judge and should have a court should consider reducing my custodial time!go figure that one?or when I called p.d. to do a welfare chech on my daughter because mother was on drugs and living in a meth house, that I was using law enforcement as a form of harassment which was violation of her d.v.r.o.`dont that top the cake?

ScottGem · Jul 25, 2011, 03:46 PM

Now, can you please repost your question with proper punctuation, sentence structure and without abbreviations. Because frankly I have very little understanding of what you said.

As to the minute order (one of the few understandable parts), It depends on what the minute order says. A minute order is a judge's ruling on a particular motion brought by one of the parties. Without knowing what it says we can't suggest how to enforce it.

And that's part of the problem with your question. It's hard to figure out what you want. I guess you want to go back to the 50/50. But its not clear.

I also find it difficult t5o accept that after a long history of rulings in your favor the court would reverse it without significant proof.

ScottGem · Jul 25, 2011, 03:51 PM

Originally Posted by chrizo69

i have a d.v.r.o against my daughters mother and she has a mutual one, ... `dont that top the cake?

I moved this post from the thread where you posted. First that thread has been dormant for 3 months. Second your response doesn't really apply to that thread Third, because there is info in that post which may help us deal with your main question.

AK lawyer · Jul 25, 2011, 03:54 PM

In my experience, a "minute order" means an order, signed by the judge, but written out, "on the spur of the moment" (i.e.: on the bench, by the judge), rather than drafted by one of the attorneys, mailed out to opposing counsel, etc. It is usually hand-written (except that some judges have computers on their benches now), drafted by the judge, etc.

Other than that, there is little difference. The "minute order" I know about is signed by the judge, and if requested, the copy can be certified by the clerk.

So, like ScottGem, I am not sure what OP is asking.

ScottGem · Jul 25, 2011, 03:59 PM

From my research, minute orders are a response to a request, that is apart form a general ruling on the case. They are often written into the minutes of the proceeding, rather than as a separate document.

AK lawyer · Jul 25, 2011, 04:05 PM

Originally Posted by ScottGem

From my research, minute orders are a response to a request, that is apart form a general ruling on the case. They are often written into the minutes of the proceeding, rather than as a separate document.

Yes. I just found this definition:

"A Minute Order is a legal document which is recorded in the minutes of a court session rather than in formal court order format ..." Minute Order Law & Legal Definition

It seems to me that if it is certified as being the official court minutes that should suffice. But as I say, if the agency doesn't agree, OP needs to tell the judge, next time, that they won't, so that the judge can take effective measures.

chrizo69 · Jul 25, 2011, 04:12 PM

Child's mother filed motion for child support w/ D.A. and was sent by mail stating court date on 7/26/11 @ 8:00a.m. proof of service was dated 6/21/11, yet postmark was dated 7,20/11, to where its stated by civil code proof of service must be 9 court calender day + 5 calendar days prior to day of court. Can I, and if so, how do I ask for this to be dismissed due to improper service?. once again thankk you!

tickle · Jul 25, 2011, 04:16 PM

You post this response under AK's answer, chrizo. This way, you have started a new post. Did you not see the reply button under what you read from AK ? Then you post your reply under that response.

Tick

ScottGem · Jul 25, 2011, 04:36 PM

I've merged your two threads. Please keep all the question that bear on this issue together. It will make it easier for us to help you.

Originally Posted by chrizo69

childs mother filed motion for child support w/ D.A. and was sent by mail stating court date on 7/26/11 @ 8:00a.m., proof of service was dated 6/21/11, yet postmark was dated 7,20/11, to where its stated by civil code proof of sevice must be 9 court calender day + 5 calendar days prior to day of court. Can I, and if so, how do I ask for this to be dismissed due to improper service?... once again thankk you!

Did you not know about the 7/26 court date? Did you not appear? If you didn't appear and default judgment was entered because you were not aware of the hearing, then you file a motion to have it vacated. Then you will be properly served before you leave the courthouse and a new hearing scheduled.

Fr_Chuck · Jul 25, 2011, 08:11 PM

First I will say, police officers have little and even no training to know one court order from another. And even less to know what makes it valid or not valid.

Police seldom enforce custody orders short of contempt of court. Or child support arrest warrants.

If you can not get a agency to accept a court order of any type you may have to go to the court that issued it, for them to do a new order to specify that that agency should comply.

AK lawyer · Jul 25, 2011, 10:30 PM

Regarding the new question about inadequitely noticed motion: proper remedy would not be dismissal of the motion, but rather postponement of the hearing with possible sanctions against counsel for false proof of service.
ScottGem; the scheduled hearing hasn't happened yet; a few hours from now.

ScottGem · Jul 26, 2011, 03:06 AM

Originally Posted by AK lawyer

ScottGem; the scheduled hearing hasn't happened yet; a few hours from now.

Whoops, That was my initial reaction and for some reason I got my dates mixed up. The fact that you know about the hearing, is going to negate the claim of improper service. Since the hearing hasn't happened, there is no judgment to vacate. So all you are going to get, like AK said, is a postponement to better prepare yourself.