Q: Restraining Order. No service, Court mistakenly claims evading of service. Court allowed service by mail and email ???
California Court claimed I was evading service when I was clearly in my home state the same day the Restraining Order was filed against me. Sheriff served me over the phone and insisted it is legitimate, failing to tell me what is it about and failed to give me the exact court date. An attorney during a consultation suggested I shouldn't go cuz I wasn't served. I am over 1200 miles away. So the court claimed I was evading service. I had no idea that there was a filing against me and the sheriff told me that 10 days after the filing, even tho I called him to ask about visitations. So half way thru the call, he decided to serve me. My bank statements show my card use daily in my state. How does a court determine I was evading service? The other parent got served today with contempt and enforcement of visitations since she r located to Cali without court approval and now she is trying to bluff the judges in Cali that I am so abusive. Court allowed service by mail and email. What to file ?
A:
Based on the information you provided, it seems that there may have been some procedural irregularities in how the restraining order was served and how the court determined that you were evading service. Here are some steps you can consider:
1. File a motion to quash the restraining order: You can file a motion to quash (cancel) the restraining order on the grounds that you were not properly served and that the court's finding of evasion of service was incorrect. In your motion, present evidence showing that you were in your home state when the order was filed and that you had no knowledge of the filing.
2. Challenge the court's decision to allow service by mail and email: If you were not properly served in person, you can argue that the court should not have allowed service by mail and email, especially if you did not receive the documents or were not aware of the proceedings.
3. Provide evidence of your whereabouts: Submit your bank statements and any other relevant documentation to prove that you were in your home state and not evading service.
4. Attend the hearing: If there is a hearing scheduled, attend it either in person or through your attorney to present your case and challenge the restraining order.
5. Consider hiring a local attorney: Given the complexity of your situation and the distance involved, it may be beneficial to hire an attorney in California who can represent you in court and help you navigate the legal process.
It's essential to respond promptly to any court orders or legal proceedings, even if you believe they were improperly served or are based on false allegations. Failing to respond can lead to default judgments against you. If you have evidence that the allegations against you are false or that proper procedures were not followed, present that evidence to the court as soon as possible.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
