In California will they drop a protective order if a protected person served the papers?

Asked over 2 years ago - Los Angeles, CA

In California will they drop a protective order if a protected person served the papers for the temporary restraining order and court hearing?

It is stated in bold print on page 2 "not you or anyone else to be protected"-must personally give (serve)a court's file stamped copy of this form to the person in 2(which is restrained person)along with a copy of all the forms listed below. dv-100, 110,120,250. Also if these forms were not given out with service what happens?

Attorney answers (3)

  1. Rebekah Ryan Main

    Pro

    Contributor Level 18

    4

    Lawyers agree

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    Answered . What you are describing is improper service. You can object to service (move to quash, for a fun legal term) and the court should find that service was defective - after which the protected person will have to effect proper service and you will be afforded more time to prepare for and respond to the merits of the request. HOWEVER, it is likely that the temporary restraining order will continue because the court found probable cause to issue it in the first place.

    With restraining orders, which can have a detrimental impact on you with future job searches, etc. I always recommend a consultation with an attorney. You should understand the implications and consequences of these proceedings.

    Best of luck to you.

    If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button at the bottom of this answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not... more
  2. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    Answered . Someone other than the person to be protected who is over the age of 18 years of age needs to serve the papers. You can object to service on the grounds of improper service and try to quash the service. You need to talk to a local lawyer who can assist you in properly presenting your arguments to the court. Good luck.

  3. Kenneth Thomas Demmerle

    Pro

    Contributor Level 3

    Answered . While it is possible that the court will dismiss the matter for defective service, if the allegations of domestic violence have any substance most judges will continue the matter to permit the petitoner to effectuate proper service.

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