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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: Litigation

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

Attorney Answers 3

  1. 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.

  2. 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.

  3. 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.

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