Our daughter moved out of our home with her children two months ago after meeting someone and knowing them for 4 months. We had to file a small claims suit against her for the money she owed us from when she lived with us (money loaned for her divorce atty). Once she knew that we were trying to serve her, she tried to file a restraining order against me to keep from being served (even though I have not seen her since or spoke to her since she moved out of our home). Is this illegal? Are there any action I can take for this attempt at a false restraining order? It stated that the was no evidence of stalking or immediate danger, so it was denied.
No, it's not illegal to pursue legal remedies, and if you are party to the lawsuit you need someone else to serve her anyway.
To add to Mr. Rosmarin's thoughts, even had she been granted a Civil Protection Order against you, it would not have prohibited you from having her served, by a sheriff's deputy or a private process server, with your Small Claims Court lawsuit.
This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
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