Someone claims to have a restraining order on me. I was never served. Is this valid or true if i have not been served?

Asked about 5 years ago - San Clemente, CA

A person had a no trespassing order palced on me in another state and now are claiming they have a restaining order. I was NEVER served any sort of documents in person or by mail for this "restraining order." Do i have to be served for it to be valid?

Attorney answers (2)

  1. John M. Kaman

    Pro

    Contributor Level 20

    Answered . You have to be personally served, that is handed, a restraining order before it affects you. No service you are not obliged to adhere to its commands. Same for service by mail. The safest course would be to have an attorney show up in Court at the appointed date and argue no service no jurisdiction. I would take this precaution because some folks will claim they served an RO when they didn't.

  2. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . In order for a restraining order to be enforceable, you must be put on notice of the conditions. The normal way it's done is if you are personally (not by mail, but actually given directly to you) served. The other is if you are present in court when the order is issued and the judge tells you the terms of the order, then no further service is required.

    There may in fact be a restraining order filed against you, but until you are served, you are not under any obligations to do something or not to do something.

    This is especially true if you are out of state. You must be given an opportunity to defend yourself against a restraining order. They must be able to show you were given notice of the hearing date, to make the order itself valid, then if an order is issued, you must be served with that as well.

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