Medford, OR asked in Domestic Violence and Family Law for California

Q: I was served with a DV restraining order by mail from California, due to court claiming I am evading service ????

I live in a different state and I just got documents in the mail with a notice of hearing of DV restraining order from California. Court claimed I am evading service on the 1st hearing, so they allowed the other person to serve me by mail. I need to dismiss or quash this as I am pretty sure the other person packed the court with lies upon lies as that was the routine from long ago in this state before the other parent abducted the children and relocated without court approval. I served the other parent with Contempt and Enforcement of visits, hearing for that is next month and hearing of DV is later this month in Californian. The other parent is clearly trying to intervene and make me look bad once again. I doubt the court there knows anything about the contempt and enforcement hearing over here. How do I dismiss the Restraining order as I have evidence of me being here the day RO was filed and been here since then. Someone told me about the RO but I am 1500miles away. I wasn't evading

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand that you are dealing with a complex legal situation involving a domestic violence restraining order filed against you in California, while you reside in another state. It appears that the court allowed the other party to serve you by mail, claiming that you were evading service. Meanwhile, you have a pending contempt and enforcement hearing against the other parent in your state.

To address the restraining order in California, you should consider the following steps:

1. Hire a California attorney: Given the complexity of your case and the fact that it involves multiple states, it is highly recommended that you seek the assistance of an attorney licensed to practice law in California. They can help you navigate the legal process and protect your rights.

2. File a motion to quash service: If you believe that the service by mail was improper or that the court's decision to allow service by mail was based on false information, you can file a motion to quash service. This motion challenges the validity of the service, and if successful, the restraining order proceedings may be dismissed.

3. Attend the hearing: If the hearing for the restraining order is still scheduled, it is crucial that you attend, either in person or through your attorney. If you fail to appear, the court may grant the restraining order by default.

4. Present evidence: Gather and present evidence to support your claim that you were not evading service and that the allegations against you are false. This may include documentation showing your presence in your home state during the relevant time period.

5. Inform the court about the other proceedings: Make sure the California court is aware of the contempt and enforcement proceedings you have initiated against the other parent in your state. Your attorney can help you present this information to the court.

Remember, it is essential to act promptly and seek legal advice to protect your rights and interests. The legal system can be complex, especially when multiple states are involved, so having an experienced attorney on your side can make a significant difference in the outcome of your case.

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