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My ex filed a TRO it was denied but I was never served. There is hearing scheduled ...still not served.

Riverside, CA |
Filed under: Filing a lawsuit

I only know because I always check court website and my family law case due to my ex always filing something. My ex doesn't know what I know I am not saying anything. But if the day of the hearing comes and I still haven't been served and it says that on court website still like it does now should I still show up ... How can a hearing be scheduled if my ex never had me served for even the TRO .. I was supposed to get at least a phone call right or served papers. I have been at school events with my ex since he filed so not like I have been missing in action I am around. The reason for the filing is not worthy of a tro but that is another issue ... I am only asking here about being served my ex is pro per

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Attorney answers 3

Posted

You say that your ex is pro per, but do not indicate whether you are represented by counsel. The only advice I can give you is to have a competent lawyer who can review these issues, determine how the law applies to your facts, and advise you accordingly.

As a general principle, temporary restraining order hearings can be scheduled and TROs issued ex parte - that is, without notice to the opposing party. Most courts in most cases require some sort of notification, but the standards are generally lower than for a noticed motion.

In California, a TRO issued without notice must be served within certain time limits. And it is, by definition, a temporary measure; it only remains in effect until there has been a hearing on a preliminary injunction. But in the meanwhile the parties are bound by the TRO. If you see this as a potential problem you really need to talk to your lawyer (or get a lawyer and talk to him or her) about this matter.

Asker

Posted

There is no TRO it was denied. I don't have an attorney

Asker

Posted

There is a hearing scheduled but on the website it says next to my name ... Not served I picked upy child this week as normal saw my ex as normal no issues acted normal.. Which is without conflict .. Just to clarify what normal is ...for my ex to be requesting restraining orders and not only is my ex denied but we spend hours just yards apart maybe feet at sports functions and schools functions isnt this restraining order going to be hard to get especially when I haven't been served too my ex tried to call police on a situation too that he made into a bigger deal and asked police for a protective order too they told him no so two times my ex had been denied so far

Asker

Posted

My ex is trying to stop me from getting more custody he knows I am filing soon

Posted

You need notice of the TRO, but keep in mind they are generally granted for safety reasons. If you know of a hearing, you should attend and not "play the service game" because one could be issued (if the court deems the grounds are good enough or there is reason for the court to believe that notice to you should be waived for safety reasons). If one is issued and you violate it, it could be a pain to deal with arguing failure to serve - especially from a jail cell.

Asker

Posted

Ok ....is there a way to find out if I am not being served due to some safety reason.... I mean obviously its not true I know and asking attorneys for advice ... He is always filing on me this isnt a new situation I just have been served before it got a phone call ... Ps I am never guilty he does this to harass me it's getting old it's fun for him . I hope the courts will put a stop to him soon

Asker

Posted

I appreciate the advice he had drained me financially and knows I can't afford an attorney now to defend myself so all advice is great ... For those that say go get an attorney ... I want to I can't he makes over 6 figures I am on food stamps now spent all my money always defending myself so if anyone wants to help me in court to throw this out I would appreciate it ...he is doing this because he knows I am filing for more custody and he knows I will get it now that his situation has changed and mine too mine makes me available more to be with child his is the opposite.

Asker

Posted

I have a 730 report recommending I get the custody I am seeking to if I made the changes in my schedule I needed to. My ex hates that I did this but I am rearranging my life for our child like a good parent should

Asker

Posted

Anyhow thank you for your help it is very much appreciated please don't think it's a waste of your time it's not

Posted

A hearing is always scheduled, otherwise why would you need to be served with papers including the date and time of hearing? if you havent been served and he advises the court of that, the hearing will not go forward. it may be contuinued and he will have to serve you. The risk is that he could BS about serving you and court may not know better. Then he can get his order at he hearing.

Asker

Posted

Thank you yes I wouldn't put it past him about bs he is full of that :) thanks

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

Perhaps he decided not to pursue the matter after the judge refused to issue the TRO pending the hearing.

Asker

Posted

I was thinking the same thing I until I heard someone knocking on my door this morning ... I wasn't answering it though I am heading to my sons football game and don't want him upsetting me with reading his lies

Asker

Posted

I am showing up served or not served

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