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If you have a lawyer to represent you in a divorce case and get a RO against you, who gets served you or your lawyer?

Riverside, CA |

Is it supposed to be personal serving of the RO to me as respondent or can it be sent to your lawyer's office? In that case, does your lawyer has to serve me? Then when you get your hearing date can you be represented by your lawyer or are they excluded from this kind of proceeding? Also, if a temporary RO against me has already been granted, what are the chances to get it dismissed or denied or to become permanent? Please give me an idea based on your experience in the field. Thank you

Attorney Answers 2

Posted

The restraining order has to be personally served on you or the lawyer has to have your actual permission to accept service on your behalf. Your lawyer will get a copy of the order but he will not serve it on you. Temporary RO's are designed for emergency situations, often without hearing the full facts. If you have good facts to get the RO denied the court will listen.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Posted

Yes. TRO is to be served on person, unless party agrees it can be served on lawyer. If served on lawyer with client's agreement, then will be deemed served -- without actual service -- on party. You can have a lawyer at all stages of the TRO proceeding. The evidentiary showing that the party pursuing the TRO has to make it permanent is much higher than at the TRO hearing. The chances of getting it dismissed or denied at the permanent hearing depend on the specific facts of your case. The better the evidence -- corroborating witnesses, statements of physician, photos of bruising -- the better their chances of succeeding.

Conversely, the worse the other party's evidence and the better your evidence -- witnesses who say it didn't happen that way, photos of bruises on your body, evidence that she wasn't harmed or afraid of you -- the better your chances are.

Edward J. Blum
213-479-5322

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