QUESTION
If my wife filed a temporary restraining order against me but I am now gone and far away from her, can I have this removed?
Asked on Aug 31st, 2013 on Divorce - Utah
More details to this question:
Don't I have to be served in order for the restraining order to be valid? The sheriffs department called me on the phone and I told them I know longer lived at the address and hung up.
4 ANSWERS
In Utah, Temporary Restraining Orders expire after 10 days if they are not served or if they are not extended by another Order from the court. If you have not been served with the Order, and if the temporary order has not been extended in order to obtain service, it will expire by its terms.
Answered on Sep 10th, 2013 at 2:52 PM
Family Law Attorney serving Thousand Oaks, CA
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Generally, for a restraining order to be valid, the defendant must be served to have adequate knowledge/notice of the terms of the order.
Answered on Sep 10th, 2013 at 2:52 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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I would need more information to answer this question with any kind of reliable response.
Answered on Sep 10th, 2013 at 2:52 PM
The TRO is not valid unless you are personally served
Answered on Sep 10th, 2013 at 2:52 PM