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Basic question about restraining order service

Pasadena, CA |

My spouse and I have double TROs against each other. He has only put himself as the protective person, while I have put my parents as additional protected people. To serve him, I hired a process server and got the proof of personal service back to later file with the court. I did not get a response back DV-120 from him, though.
To his TRO, I responded him, and my father sent him my response as the 3rd party since I can not 'serve him' the response.

Now I read on the TRO forms that the protective people can not serve. I am confused. Does this mean that my father whom I put as a protective person could not send him my Response form in mail, or does the law only refers to the initial service of the TRO (not the response in my dad's case to his own TRO against me). So is it ok that my father

has sent him by mail my response while the process server served him with the TRO forms from the court while I had put my dad as one of the protected people. Just in case if this is wrong, what can I do now. My spouse is aware of both TROs obviously, so it would be stupid to re-serve him all over again my response. Also, what if he does not send me his own response which I have not received...what if he does not file a response in court too..what then. Thanks.

Attorney Answers 1

Posted

Anyone can serve a response even for a TRO if they're not a party and at least 18. There should be no issue with the person serving the response.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com

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1 comment

Asker

Posted

Thanks. But I did put my dad as an additional protected person when filing the TRO against my spouse, so wouldn't then this make my dad as a party to the case. This is what I am confused about and I thought that I screwed up. Oh or are you saying that specifically if my spouse did not file a TRO against my dad too, then my dad can send him my response even if I have put my dad as a protected person on my own SEPERATE TRO against the spouse. I think this is what you mean right..l..so I am ok. :) Sorry for my confusion :)

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