Fort Worth, TX asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Oklahoma

Q: What does it mean when it says matter striken pending service to be reset by either party?

He filed for paternity and custody after I filed a protective order. He is not on the birth certificate. I moved and did not know he filed. He now has criminal charges pending for domestic violence. Is the paternity case dropped? Or will I be served for that when I receive the subpoena to testify for the criminal charges?

1 Lawyer Answer
David A. Cincotta
David A. Cincotta
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: stricken generally means that any hearing that was scheduled to occur has been cancelled for now. It appears that he was required to serve you with notice of the hearing and failed to do so; therefore, the court would not conduct the hearing. The hearing could be reset, but he will have to take steps to first get a new hearing date and then he will have to ensure you are served with a document providing notice of the hearing. The paternity/custody case is independent from any criminal charges he has pending, and the paternity/custody case is not going to necessarily be dropped because he has pending charges. Also, any subpoena you receive to testify in the criminal case will likely be done by the DA's office, and the DA's office has no interest in serving you with anything from his paternity/custody suit. With that said, you could be served anytime on the paternity/custody suit.

I recommend you contact a family law attorney to review the paternity/custody suit he has filed, and follow that attorney's advice on how best to handle it.

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.