Servers temporary restraining order for my friend to his wife , can i be in trouble

Asked 11 months ago - San Diego, CA

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I served a restraining order to my friends wife , she was in their apartment (my friend and his wife on lease) , permission to enter granted by my friend and he opened the door for me with his key , I entered and tried serving her , she ran to her room and closed door , she asked me to leave and said i was trespassing , i left the RO at the door to the room and let her know and left the apartment, can she hold anything against me for trespassing ?my friend was standing at the door entrance.

Attorney answers (3)

  1. Licensed in CA

    San Jose Divorce / Separation Lawyer
    Contributor Level 17

    2

    Lawyers agree

    Answered June 13, 2012 16:38. Not the best way to serve someone but you will not likely get in any trouble for it. Next time have your friend hire a professional process server. It is usually only between 50 and 75 dollars.

    Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation... more
  2. Licensed in CA

    Pro

    San Diego Criminal Defense Attorney
    Contributor Level 17

    2

    Lawyers agree

    Answered June 14, 2012 10:34. Professional process servers are a lot less expensive than having to hire an attorney to possibly deal with this nonsense. Don't make the same mistake again and you should be fine.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  3. Licensed in CA

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    Stockton Criminal Defense Attorney
    Contributor Level 20

    1

    Lawyer agrees

    Answered June 14, 2012 11:53. You cannot, in my opinion, be successfully prosecuted for trespass. However, service of thhe restraining order is not any good as you cannot serve process .As was suggested, use a process server. Hire one now if you have time before the scheduled hearing.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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