Q: 1.Does the Petitioner have to file a Proof Of Service for a TRO? 2. What if the Tro was just left on the porch?
3.If you inform the court the TRO was left on the Porch and the Court still proceeds and Grants the Restraining order for 1 year, is there any grounds for dismissing or a reason to appeal the decision.
4. What if the Petitioner on the day of the Trial turns up with an Attorney and the Judge asks that attorney if they have filled in ( A form to say they are now on the case) and the attorney says no, and the judge still proceeds? Is that an issue.
5.Do both parties have to e-file evidence or any forms relevant to the case, or just the respondent? AS I have entered since the start everything required by the courts, however I have never seen any filings from the Petitioners side, and If I would have known by looking at the case often to see if a Attorney was retained by the Petitioner I would have had done the same! The judge in my opinion was bias, as the party were older and he said that.
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A:
1. Yes, in California, the petitioner generally needs to file a Proof of Service to show that the respondent was properly served with the Temporary Restraining Order (TRO).
2. If the TRO was merely left on the porch, that might not satisfy California's service requirements, which usually require personal service or, in some cases, service by substituted service after multiple failed attempts at personal service.
3. If service was not properly executed and the court is informed but still proceeds, there may be grounds for appealing the decision based on improper service.
4. If the petitioner's attorney has not filed the necessary paperwork to appear on the case and the court proceeds anyway, it could potentially be a procedural issue, depending on the specific circumstances and whether the lack of proper entry impacted the fairness of the trial.
5. Both parties are generally expected to e-file evidence or any forms relevant to the case, unless the court has given specific contrary instructions. Failure by the petitioner to file requisite documents can potentially be a procedural issue.
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