Q: I have been served with a Temporary Restraining Order (DV-110 and DV-140) from my wife.
The hearing is scheduled for April 3 (Monday). I am currently filling out the DV-120 and DV-125 forms. We both reside in Los Angeles county, and I plan to have my professional server mail her the forms via Priority Mail with one day delivery. Can you please let me know what the deadline is to mail the forms out to my wife and to file the "Answer and Proof of Mail Service" with the court?
A: You must file your response as soon as you can before the hearing. If the service of process is not complete at least 2 court days before the hearing, your wife can ask for a continuance. If you fail to serve your written answer on time, the judge will allow you to present your defense at the hearing. Please contact one of the attorneys to go over the merits of your case.
If you have been served with a Temporary Restraining Order (TRO) in California, you generally have only five (5) calendar days from the date you were served to file an "Answer to Temporary Restraining Order" (Form DV-120) and serve a copy of your answer on the petitioner. The answer must be filed with the court in which the TRO was issued.
According to California Code of Civil Procedure section 1005, if the hearing for the TRO is set for April 3 (Monday), then you must serve the petitioner with a copy of your answer and file the "Proof of Service of Answer" (Form DV-125) with the court at least five (5) days before the hearing, which would be March 29 (Tuesday). Note that the proof of service must be filed with the court before the hearing, even if you serve the petitioner with the answer by mail or email.
To serve the petitioner with a copy of your answer, you can use personal service (having someone over the age of 18 who is not a party to the case hand-deliver the documents to the petitioner), or you can use an alternative method of service, such as mailing the documents via Priority Mail with one-day delivery.
However, if you choose to use an alternative method of service, you should be aware that there are specific requirements for how the documents must be served and proof of service must be submitted to the court. You may want to consult with an attorney or a professional process server to ensure that you comply with all the rules and procedures.
It is important to act quickly and carefully in responding to a TRO in California, as a violation of a TRO can have serious consequences. If you have questions or concerns about the process or your legal rights, you may wish to consult with an attorney who practices family law in California.
within 5 days you must file an answer and send to the court and other side, at least 2 days before the hearing.
if this is criminal, be sure you have court appt'd counsel if you have not retained a lawyer.
there is no appointed lawyer for family law.
set up a consultation with a LOCAL lawyer.
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