Torrance, CA asked in Divorce, Family Law, Child Custody and Child Support for California

Q: My Ex parte was Granted today

My wife served me with a TRO in A court, and in response, I filed an FL-100 at B court, which is also in LA county. I filed an ex parte request to transfer the TRO to my divorce case today, and it was granted. However, I was told by the court to serve the TRO to my wife as soon as possible, but I do not know her whereabouts. She was using a shelter P.O. Box address. I'm under no-contact/stay-away order. She revealed she received my email in her TRO decl. so, I can file EX parte again at my divorce court for her substitution of serve method by both email and her shelter P.O.BOx? fyi, my TRO hearing has been scheduled early of April in "B"court that just now updated in the docket.

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: It's important to follow the court's instructions and serve the TRO to your wife as soon as possible, even if you do not know her whereabouts. If you are unable to serve her personally, you may be able to use substitute service methods such as serving her by mail or email, as long as you follow the procedures required by the court.

You may want to consult with an attorney or contact the court's self-help center for guidance on the specific procedures for substitute service in your jurisdiction. It's important to make sure that you comply with all the requirements to ensure that the TRO is properly served and that you do not violate any court orders.

If you need to file another ex parte request to serve the TRO by email and P.O. Box, you may do so if you believe that this is the best way to serve your wife. However, it's important to note that ex parte requests are generally only granted in emergency situations, so you will need to show a good cause for the court to grant the request.

Again, I strongly recommend that you consult with an attorney to ensure that you follow all the necessary procedures and comply with any court orders.

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