Legal Question in Civil Litigation in California

First check with the on-line court summary of the case to see if the other side claims to have served your husband or not, as he may lie as to that. Second contact the court clerk as to whether there are any pre-hearing tentative rulings and what the court normally does if the defendant has not been served.

Under the circumstances, I think it would best if your husband does appear at the hearing, tell the clerk that he is there so that the court will know you are present when the case is called [in case you are in the bathroom or do not hear the case being called -- although you will see the neighbor or their attorney standing there. Do not bother bringing a witness as it should not be necessary, but bring documents showing your change of address [if you rented, get the landlord to make a quick declaration under penalty of perjury as to when you permanently moved]. When the case is called, tell the judge that you were never served, how and when you found out about the date, that you moved on X date and your TRO was denied because you had moved, you have never seen the other person outside your former neighborhood and have no intend to come in contact with him, you have not had the opportunity or time to read his allegations and prepare a defense or consult an attorney except through Lawguru [free advice from a litigation attorney in Northern California who does not handle such cases but responded since none of the other attorneys were doing so], that the matter should be dismissed as no possible danger exists and the claim is frivolous and just to get back at you for your prior filing and if not dismissed it should be continued for proper service [judge probably will find your being there as giving the court jurisdiction over you] and that you can review the papers filed and prepare a defense. if he claims you were served demand to see the proof of service and check to see if you were at the place mentioned at that time and if the description of the person served matches anyone you know. Ask the judge to sanction the other person for abuse of process, misleading the court, making false statements and ask that you also be awarded something for your time.

Good luck.

not proof read

The worst thing that your husband can do is ignore it, even if he was not properly served. By ignoring it and not opposing or going to the hearing, he risks having the court rule by default. I suggest filing an opposition and bringing any and all witnesses and evidence to the hearing.

Like any other court proceeding, you must contest it or lose. The hearing is to determine if the RO is to be made permanent. Whether he was served or not is no longer the issue. Focus on the facts and issues of the case. File opposition paperwork if you can, but at least go to the hearing and defend yourself. You can and should ask the hearing be continued to give you time to file your opposition and hire an attorney. If serious about pursuing this, feel free to contact me.