If my brother is not served with restraining order papers does he have to still go to court? - Criminal Law Questions and Answers- LawQA.com

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If my brother is not served with restraining order papers does he have to still go to court?

My brothers ex-girlfriend has filed a restraining against him claiming domestic violence (they did not live together no children involved). He has never been contacted by the police or court. There was a court date on March 1st and he was not notified. After doing some Internet research we found there is another court date for this Thursday March 24th. He has never been served with papers. My question is if he is not served does he have to appear in court anyway?

The Law Office of Harry E. Hudson, Jr.
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No. If he has not been personally served, he does not need to be in court.

Answer Applies to: California
Replied: 3/23/2011

Law Office of Peter F. Goldscheider
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He does not have to go to court even if he is served. The result would be that the order would be issued without his input. If he does not go to court not being served he will not have received notice of the order if it is issued at the hearing and thus legally it cannot be enforced against him. The only scary part is someone lying that he was served when he was not and then his not being believed if he is alleged to have violated the order. So the decision not to show up is not a simple one and depends on what he thinks is best for him.

Answer Applies to: California
Replied: 3/23/2011

Answer By Terry Nelson
Nelson & Lawless
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Hes not going to get a magic, how to make it disappear tip or hint from any attorney. There are none. He faces serious consequences, and should get someone to help him that knows how to best deal with it. If he doesnt show up and oppose it, the court will issue the RO at some point. If he does show up to claim non service, hell be served right then and there, and a continued court date will be set for the hearing. Like I said, feel free to contact me if serious about doing this right.

Answer Applies to: California
Replied: 3/22/2011

LynchLaw
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Technically, no. If he has not been given proper notice the court should not be able to enter a default against him. However taking such a tactic is risky. It is usually much easier to address an issue than it is to attempt to get a set aside on a default.

Answer Applies to: California
Replied: 3/22/2011

Law Office of Andrew Roberts
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If he has not been served he does not have to appear. He must be given notice.

Answer Applies to: California
Replied: 3/22/2011

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