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

Asked over 1 year ago - 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.

Additional information

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

Attorney answers (3)

  1. Martha Bronson

    Contributor Level 14

    6

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    Best Answer
    chosen by asker

    Answered . 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... more
  2. Debra Vaniman Crawford

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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.

  3. Jay Bodzin

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

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