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My spouse filed for restraining order and ended up serving me the first time through the local sheriff, but when he asked for

Los Angeles, CA |

continuance, there was more evidence served to me but he sent the second wave of evidence himself straight to me by mail. Isn't he supposed to be sending me stuff through a third party....did he violate the restraining order by putting his name and my name on the sent USPS form...what are the consequences of this even if the first time he did it through the sheriff. Please advise what this means for him and for the hearing. Does this second service become invalid then...I am confused.

This is fake restraining order, so I need information which will help me to use this against him PLEASE.

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Attorney answers 3

Posted

If the restraining order is against you, it is not clear why you are asking if he violated the order. If he has your name on the proof of service with him serving you, then the service is technically invalid. What it means for him is that he did not serve you properly with the "second wave of evidence" and the service of it on you is invalid. You could raise an objection to his use of the evidence at hearing on the basis that the service was not valid. However, the court will likely ask you if you go the documents, to which you would reply "yes" since you obviously got them. The court would then rule, most likely, that while the service of the documents is invalid, but not prejudicial to you, since you got them and have had the opportunity to review them in preparation for the hearing. As such, your objection to his use of the documents at trial, while valid, it would be overruled and the documents entred because the error did not affect your right to fair and imparitial hearing,. I hope this was helpful. Best of luck.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

Posted

Maybe he should have, but that doesn't likely void the restraining order. Nor is the restraining order "false" simply because you disagree with his allegations. Until and unless you request a hearing and have the order overturned, it is very real, and binding on you. You should consult with an attorney in your area to determine how to contest it.

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

Asker

Posted

Well when I have not done anything the complaint claims I have done, I call it false allegation.

Jay Bodzin

Jay Bodzin

Posted

The allegation may be false, but the order based on it is real, until a court determines otherwise. I'm afraid that's the reality of these restraining orders - the order is issued before any proof is provided.

Posted

You should consult with an experienced family law attorney to learn your rights and responsibilities. This is complicated and you need to focus on defending yourself.

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