woman comes up to me in a pool hall and asks "are you so and so?" i respond no.. she says "yes you are" i walk away and say "no im not" i asked management of the poolhall to have her leave.. they escort her out.. she goes outside and leaves paperwork on my truck... one of the employees take it off my truck and throw it away.. an hour later 2 men come back and throw it at me, it doesnt hit me, it just falls on the ground and they leave... is this legal????
It's a close call. Because she asked for you be name and your are aware of the paper being presented to you, don't plan on some hyper-technical defense that you weren't served. And as a practical matter, even if service wasn't proper, but you still knew about the TRO (which it sounds like you do, then you're still subject to the Court's order. You see, the purpose of service is to establish knowledge of the order itself. If you know about it (and that can be proven), the technical requirements of service are not required.
And keep in mind, a TRO usually lasts only about 2 weeks, with a hearing for a much longer restraining order set on the last day. You have a right to be at that hearing to oppose it. Consult an experienced attorney to help you with this, as one should know their way around these proceedings to successfully oppose an restraining order after hearing.
Attorney Campen is correct, service will probably deemed valid and you will have to appear if you choose to defend the action. I practice Family law in Fresno and I am familiar with the way judges here handle TRO's. As said before knowledge of the TRO is often sufficient, spend your time fighting it if you feel the accusations are not true.
I offer free consultations and flat rates if you would like to discuss your situation.
Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship
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