Question about not being able to serve a spouse with a temporary restraining order

Asked over 1 year ago - San Diego, CA

our situation is such that we have a double restraining orders against each other and during a continuance, I was requested by the court to serve him once again with the temporary restraining order. I served him with a initial order a while ago, but this time it would be different because he has moved, so I do not know where to serve him. The day of the hearing is also the hearing against me, so the judge will be looking into this all at once that day, which means now that if he does not get served with the re-issuance of the orders, the judge will be only looking into his allegations against me while probably asking me to try to serve him after the failed attempt when he moved away. Anyways, my questions are as follows: 1) Since he will be in court that day, can I ask the judge at the end

Additional information

if he can ask my spouse to stay after the hearing for a bit until the clerk hands me the re-issuance of the orders, so that I can hand those to my spouse. Can I tell my spouse to hang on for a minute after the hearing or not. 2) let's say i get a continuance because I failed to serve him, does it mean that he needs to travel back again for my own t.r.o. against him assuming I successfully serve him. I'm trying to understand how this could work. I already hired a lawyer before, but the case got transferred, so I paid the old lawyer in vain basically, and can not get another one all over again. If he does not show up later on when I serve him, can the judge rule against him and grant me the orders if he was a no show...maybe this way would be better for me as it will give me chance to have the orders against him permanently as he's short of money and if he shows up for his t.r.o. against me, he will be out of funds to travel back again. What do you think.

Attorney answers (2)

  1. Sarah Jeannette Haselup

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . Serve him at the hearing and ask the Judgr continue both hearings to the same date in the future, whether it be a week or two. Most judges will do so because of what's needed to grant mutual restraining orders, or simply to ensure that the actual abuser isn't getting a proverbial leg up having served first.

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  2. Ronald Lee Burdge

    Contributor Level 20

    Answered . I think you should get a lawyer's help to do this right.Domestic Relations cases are very dependant on the law in each state and the way each county judge may approach your particular case. Perhaps no other area of law is so peculiarly local as this is. Because of that, you really should talk to a local attorney to find out what your rights are, what the law says, what the local judge's approach may be, and what you can and can not do in your situation. This is also the one area of law where a decision made today can have very long-term consequences so it is important that you have your side heard and considered. You need to talk to a local Domestic Relations attorney who deals with your kind of case on a regular basis in your local court. You can search the Avvo website list of attorneys or call your local attorney's Bar Association and ask for a referral to a Domestic Relations attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to take action in court or your rights expire, so don't waste your time getting to a Domestic Relations attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.BurdgeLaw.com

    Here’s one list of Domestic Relations attorneys in Ohio, click here
    http://www.famad.com/Files/Report.pdf

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    http://www.famad.com/

    Click here for a list of state and local attorney bar associations
    http://www.hg.org/bar-associations-usa.html

    Click here for a list of state and local women attorney’s bar associations
    http://www.ncwba.org/ourmembers-linkstomembers....

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    http://en.wikipedia.org/wiki/Bar_association

    This answer is for general purposes only and does not establish an attorney-client relationship. The law in your... more

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