i hear that someone is going to a hearing to get a permanent restraining order on some that has not been served properly or not at all and not been summoned to court is that legal without the other person even knowing that they were to go to court
2007-07-16 10:31:14 · 9 answers · asked by Kinani M 1 in Politics & Government ➔ Law & Ethics
First, the person files for an interim (temporary) restraining order, which lasts until a hearing can be held -- usually under two weeks.
The other side (the person being restrained) must be properly notified of the hearing -- it's called "service of process".
At the hearing, the judge will listen to both sides, and make a decision about whether a longer restraining order is appropriate. If one side doesn't show up for the hearing. they typically lose.
If a person being restrained is not notified according to the proper procedures of the court, and they have no actual knowledge of the hearing, then they can challenge the restraining order at any later time by showing that they never received proper notice and service of process.
2007-07-16 11:07:41 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
well when you file a restraining order, They give you a temporary one immediately. In taht temporary one they give you a paper that you have to fill out saying you served the person, and you take that back to court and then you give that paper to the judge. Someone signs it saying that they served the person but its very easy to forge a signature. Its not like the courts will check. And if he doesnt show up to court then the temporary restraining order becomes permanent. Your friend should go to the courthouse and say he was never served so they can give a new court date and she/or he can be penalized because that is against the law.
2007-07-16 10:40:32 · answer #2 · answered by im jus me!!! 2 · 0⤊ 0⤋
Of course you can. You really don't think you can avoid court just by making sure you don't get the paperwork notifying you about it? Or maybe you're thinking about the plaintiffs, lawyers or process servers who somehow manage to avoid delivering them while swearing they did? Who would do such a thing? The only time a plaintiff can get a binding order against a defendant without in-hand or last-and-usual service is in a true emergency requiring an ex parte order to prevent something from happening before the court can consider the matter. And the plaintiff has to show he is likely to win the case. The plaintiff has to try to give some kind of notice, in person, by telephone, etc. Notice can be given by publication if no address is known.
2016-05-19 04:44:58 · answer #3 · answered by caprice 3 · 0⤊ 0⤋
If someone has not been served a restraining order, then a restraining order does not exist.
2007-07-16 10:35:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If the service was improper, the court may refuse to issue the order if they catch the error. It can be defeated on appeal because of the defect at any time. It may be reissued after that, though.
It is not safe to ignore the order just because it SEEMS defective.
2007-07-16 10:35:58 · answer #5 · answered by open4one 7 · 1⤊ 0⤋
No they cannot.... but they can obtain an emergency restraining order, but that requires a police report of the incident. If that does happen you can have charges brought against them for perjury, fraud and conspiacy to commit false- imprisonment
2007-07-16 10:55:36 · answer #6 · answered by Gary C 1 · 0⤊ 0⤋
Getting a restraining order is work...you can't just walk into a police station and ask for one....they have to have prove you are a threat.
2007-07-16 10:34:38 · answer #7 · answered by Jules 5 · 0⤊ 0⤋
someone CAN obtain a restraining without the presence of the other in court, but they can not be peanalized for violating it until they have been notified.
2007-07-16 10:41:32 · answer #8 · answered by pandora078 6 · 0⤊ 0⤋
I don't think so. I believe the person has to be properly served.
2007-07-16 11:00:42 · answer #9 · answered by orphan annie 5 · 0⤊ 0⤋