Asked in Family Law, Civil Rights and Domestic Violence for Oregon

Q: What's next after my requests to quash service, provide evidence and terminate a restraining order went unanswered?

A witness in the case served me thru mail from California to Oregon where I live, cuz judge allowed it after he found I was evading service. Then I filed documents asking the other parent to provide me with evidence and to quash service and terminate the order and my motions/requests went unanswered. Oregon And California courts both ignored Violations committed like ORS 107.159, UCCJEA, and PKPA, so now Cali is entertaining and harboring child abduction interstate, but then when I finally was able to locate and serve the visitations documents, a restraining order was issued against me in Cali to further deprive me of civil rights. How to ask the court to set aside the Restraining Protective Order since the court nor the other party responded to my motions/requests of to provide me evidence of the allegations,and they also failed to respond to my motion to quash for improper service. The server is a witness in the case and is also listed as a protected person in the temporary order.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Domestic Violence Lawyer
  • Sacramento, CA

A: First, you should file a motion to set aside the restraining order with the California court, explaining that your previous motions to quash service and request evidence went unanswered. Emphasize that the court’s lack of response has deprived you of due process and that the restraining order is based on unsubstantiated claims.

In your motion, highlight the procedural issues, including the improper service and the court's failure to address violations of laws like ORS 107.159, UCCJEA, and PKPA. Make sure to include any evidence that supports your claim of improper service and the witness’s involvement as a protected person in the order, which could be a conflict of interest.

Additionally, you may want to request a hearing to present your case in person. This can provide you with an opportunity to explain your situation directly to the judge. If possible, seek legal assistance to help ensure your motion is properly drafted and your rights are adequately represented.

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