Legal Question in Civil Litigation in California
I am male and reside in California. Approximately 45 days ago, my boyfriend and I broke up. Recently, he filed for a Civil Harassment Restraining Order and was given a temporary order against mr until the hearing. I have not been served my papers and the hearing is coming up on Friday of this week - 5 days from now. There was physical violence in our relationship. I believe he filed this to punish me. I did say some ugly things about him that are true and he was told by someone that I did. I regret my words but does that really constitute Civil Harassment? Thanks.
1 Answer from Attorneys
To answer your question, I would need to know what you said and in what context.
You should hire a lawyer to represent you if at all possible. Even if you deserve to win this case, you are a lot more likely to lose if you represent yourself than if you have a competent attorney representing you. If you lose, the restraining order will potentially create serious problems for you down the road.
If you have not been served yet then the court does not have jurisdiction over you. But your ex may have filed a false proof of service. If that happened, the court may mistakenly believe it has such jurisdiction and may rule in your ex's favor.
Good luck.
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