Legal Question in Criminal Law in California

my brothers ex girlfiend has filed a restraining against him claiming domestic violence (they did not live together no children involved) but he has never been contacted by the police or court. There was a court date on March 1st and he was not notified and after doing some internet research we found there is another court date for this thursday March 24th. He has never been served with papers, my question is if he is not served does he have to appear in court anyway?


Asked on 3/22/11, 8:13 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

He needs to bring a lawyer unless he wants to spend the next 3 years getting arrested.

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Answered on 3/22/11, 9:07 am
Anthony Roach Law Office of Anthony A. Roach

How does he know about it if he was never served, and never contacted by the court or the police?

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Answered on 3/22/11, 11:26 am
Terry A. Nelson Nelson & Lawless

No he doesn't, he can simply let the Restraining Order go into permanent effect without his opposition, and thereby lose his firearms rights for life, and have his 'record' reflect the RO, which has a similar effect to a felony conviction as far as most employers are concerned, etc. If he has grounds to oppose it, such as failure to serve ti on him, he'd better get an attorney to get it done asap.

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Answered on 3/22/11, 3:38 pm


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