Legal Question in Family Law in California
Restraining orders
My boyfriend got a call from his exwife on 2-4-09 telling him that he has to be in court on friday 2-6-09, because she has filed a restraining order on him. But he has never been served with any papers and I can not find then on the court dockets any where. My question is, can she legally call him over the phone about the court date or is she suppose to have him served? And What are his legal rights at this time?
1 Answer from Attorneys
Re: Restraining orders
More than likely your boyfried is being served with a domestic violence restraining order which does not require formal service of process. These are often heard on an ex parte basis meaning without the presence of the opposing party since they typically involve emergency type situations with threats or abuse. All that is required is that some reasonable attempt to notify the other side is made. In this case, it sounds like that has already happened.
If he wants to oppose it, he should appear.
Good Luck!
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