QUESTION
What should I do if I am facing possible restraining order but has not been served?
Asked on Oct 13th, 2012 on Criminal Law - Montana
More details to this question:
My ex threatened to file a restraining order on me this past Monday. As soon as she threatened this I immediately had her number blocked from my phone and from all social networking sites to ensure we would have no contact. And I have not had any contact with her since but was recently informed by friends that she told them she had one already took out against me. I have not been served anything as of yet. What should be my next move?
7 ANSWERS
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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In California the TRO is not effective until it is personally served upon you.
Answered on Oct 17th, 2012 at 12:38 PM
Dennis P. Mikko
You could check the court records, or better, have someone check them for you to see if she has filed and obtained an order. Either way, do not make contact with her. If she has obtained an order, you should seek legal counsel to assist you having it set aside if that is appropriate.
Answered on Oct 16th, 2012 at 8:01 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Call the civil process department at the local sheriff or the clerk to find out if there even is a case or a restraining order. If there is a temporary one, there will be a hearing. Get an attorney for the hearing.
Answered on Oct 16th, 2012 at 7:56 PM
Thomas Edward Gates
Accept the summons and go to court and tell your side. Your actions, however, indicate that the restraining order should be granted.
Answered on Oct 16th, 2012 at 7:43 PM
Michael J. Breczinski
Your move is to keep staying away from her and not have any contact with her. If she gets one and it is based on lies then you might want to get a lawyer and fight it.
Answered on Oct 16th, 2012 at 7:31 PM
Hire a lawyer before you make a wrong move, like open your mouth to the wrong folks and incriminate yourself. Remember you have the right to remain silent, and anything you say will be twisted around and used against you later.
Answered on Oct 16th, 2012 at 7:24 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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Stay away from your ex wife.
Answered on Oct 16th, 2012 at 7:22 PM