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Generally, courts have great discretion when deciding what information to accept into evidence. Evidentiary rulings will not be reversed unless they are found to have created an injustice. Due process requires that both sides get to take notice of the evidence, except for impeachment evidence.

Since the court already did it, your remedy is to make a motion for a mistrial and potentially take a (quick) writ to the court of appeal to stay the proceedings and order a mistrial. The court of appeal would be very concerned to know whether you made the appropriate objection before the court ruled on the matter and if you brought the matter to the court's attention before it ruled.

Child custody decisions are based upon the "best interests of the child." Let's think about this for a minute. Where is your relationship going? Are you always going to be able to prevent your boyfriend from having contact with your child? Family Code 3044 mandates that a person who has committed domestic violence shall not have any custody unless they meet certain statutory rebuttal factors. Now, I don't know, but if a judge could be led to believe that you are having a domestic violence perpetrator have contact with your child, or that you INTEND to let a domestic violence perpetrator have contact with your child, then that would not bode well for you. On the other hand, I have no idea what the conditions might be in the home of your child's other parent. These must be compared in order to come up with a contested decision. So my best answer is "maybe." But where is your relationship with this domestic violence man going?

On the one hand, you possibly might have appealed the order when it was made - as you might not have been given sufficient notice and opportunity to be heard when the order was made. On the other, you have to figure out what your responsibilities are after the appellate period has lapsed. It is entirely plausible that an astute attorney, in the hypothetical contempt case against you, could argue that the underlying order was not valid. Plausible, but not necessarily so. Rules of Court 5.18 allows a court in a family law action to make injunctive orders (compelling conduct or prohibiting conduct) against non-parties who are "fiduciaries." So? Could they prove whether you are (or were) your boyfriend's fiduciary?

I am mildly curious where your boyfriend's money comes from (not that I want you to tell me - I don't), but it is entirely possible that contempt is not your opponent's best remedy.

The question is not so much whether you could be CONVICTED OF CONTEMPT, as much as just how miserable the ex could make you if you do not cooperate. If you have any inclination not to write the checks, then I suggest hiring a family law attorney or a criminal law attorney first. You might also want to speak with a judgment collection lawyer. All three disciplines approach your question from different angles.

If his conduct is not barred by a current order, then the police won't prevent him from engaging in it. You seem to have grounds to go back to court though. You can ask for an order that specifically designates when the children may communicate with you, and that they not be monitored when communicating with you. You can certainly designate who gets the cell phones and when, but simply limiting the specific conditions won't do. There are some people who will find an unwritten rule to violate, no matter how many rules the court imposes. When you go to court, there are TWO people whom you have to convince. Both the Judge, *and* your children's father. Both. Some way, somehow, you have to convince him to operate in the children's best interests and to establish reasonable consequences if he violates. You probably do need to speak with a lawyer who is skilled at finding creative answers to these sorts of problems.

Typically, the RESPONSE is filed, and the Request to Enter Default is denied. That's the way it's SUPPOSED to happen. But if the default gets entered before you try to file the RESPONSE, then the clerk will refuse to file the RESPONSE. Note that it sometimes takes the clerk a few days, from the date when a Request to Enter Default is filed, to actually enter the default.

But if the clerk does return the RESPONSE unfiled, then you may file a Motion to Set Aside the Default, citing CCP 473. Attach a copy of the proposed RESPONSE to your motion and file it. You can explain in the supporting declaration that you attempted to file the RESPONSE on the same day that the Request to Enter Default was filed. The law places a strong preference on the court to hear the case on the merits. You ought to win a motion to set aside the judgment and file your response under these circumstances.