This guy told me that he has a restraining order against me but I was never served. He showed me some paperwork stamped by a judge, but I think it said it was a request for a protective order. I would like to know if this document was filed or not with the courts, and whether it was granted or not. How do i do this?
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
If you know which courthouse the paperwork was filed in, you can ask the court clerk. You can also go to the courthouse and search the court case index by your name and by the petitioner's name. You should consult your own attorney to protect your legal rights.
A "protective order" is something someone gets in discovery, usually to limit the scope of discovery. A "restaining order," however, is meant to limit someone's ability to be within a certain number of feet from someone else, restrain their conduct, etc.
You don't need to go to the courthouse to search for any suit or order filed againt you, you can do a civil party name search online, at the link below, for a small fee. An order isn't effective unless and until it gets served on you - you have to know about it to comply with it, and that's the only way the judge can enforce it. You should also be served with the request itself, so you can defend against the request.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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