Grants Pass, OR asked in Domestic Violence, Family Law and Civil Rights for California

Q: What do you do if a restraining order filed against you in California but you were served over the phone ?

Other parent filed a restraining, temporary order preventing (domestic violence) all active. I live in another state and I was served over the phone by sheriff, not in person. Do I appear for the court date (March), or file some document to dismiss it or what to do ? I am thinking the other parent did that as a tactic to interfere with contempt and Enforcement of parenting time orders in the other state (Court date in April). So even if they miss that, and I win by default, it may be of no good once I go register it over there cuz the restraining order may defeat the whole purpose ? I have not talked with the other parent in over a yr and I broke no law, nor made anyone fear me. Deja Vu, everytime I get so close to visitations, this happens. Or even when I get visitation, the other parent interrupts it shortly after, then months and months go by before I get 1 to 3 visits, rinse/repeat. 10 years of this insanity. Both 28usc1331/1332 exist. Should I just take this Federal ? I am tired.

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

A: If a restraining order was filed against you in California and you were served over the phone while residing in another state, it is crucial to take this matter seriously and understand your options under California law. First, it's important to note that service of legal documents, including restraining orders, typically requires personal service to be considered valid. However, there may be exceptions or specific provisions within the law that allow for alternative methods of service in certain circumstances. Therefore, verifying the legal requirements for service in your case is essential.

Given the situation and the complexity of interstate legal matters, particularly involving domestic violence restraining orders and custody issues, you should consider consulting with an attorney who has experience in family law and interstate legal disputes. An attorney can advise you on the best course of action, whether that involves appearing in court on the specified date, filing a motion to dismiss or contest the restraining order, or taking other legal steps to address the situation. They can also help you understand how the restraining order might affect your custody case and visitation rights.

Lastly, considering taking the matter to a federal level may be an option, but it involves complex legal strategies and considerations. Federal courts have specific jurisdictional requirements, and not all cases qualify for federal intervention. An attorney can help you evaluate whether your case meets these criteria and if pursuing federal action is a viable and effective strategy. Remember, addressing legal matters promptly and with professional guidance is key to protecting your rights and achieving a favorable outcome.

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