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  1. #1
    Join Date
    Jan 2014
    Posts
    15

    Default What to Do After Getting Served with a Petition for a Protective Order

    My question involves restraining orders in the State of: Kentucky

    I'm military. I need to be able to carry my weapon. EPO says no weapons.

    I haven't been served but court date is this coming week.

    How do I proceed?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: I Haven't Been Served. What Do I Do First

    Quote Quoting Regular Joe
    View Post
    My question involves restraining orders in the State of: Kentucky

    I'm military. I need to be able to carry my weapon. EPO says no weapons.
    In your previous post you wrote:

    "She said I carry a gun. Which i don't."

    So, you DON'T carry a gun, but, when you're serving you do?

    Are you ACTIVE duty military? Or Reserve or National Guard?

    I haven't been served but court date is this coming week.

    How do I proceed?
    If you haven't been served, how do you know the court date is next week?

    First thing - HIRE A LAWYER! If this will effect your livelihood it is too valuable to leave to a layman's arguments in court. What you might consider logical and reasonable may be nothing, legally. At least consult an attorney before you march in unarmed.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Jan 2014
    Posts
    15

    Default Re: I Haven't Been Served. What Do I Do First

    Lol, I'm never unarmed because I always have my wit. In any case, I'm too poor to hire an attorney.

    I know about the court hearing because I keep my ear to the grindstone.

    But I'm now reviewing the federal statutes and it appears that by reason of the fact that I have established my residency there, even though I moved out after the order was granted, this is sufficient to consider me "served".

    Although, technically she can't be the one to serve me, that doesn't mean she can't have her new bf say he served me, our some other adult in her life. So I'll just assume I am served and try to act accordingly. Better to err on the side of caution.

    But what comes first if I got no money?

    - - - Updated - - -

    And by "carry a gun" I mean daily on my side I presume.

    I'm national guard. RSTA. My primary weapon is a radio. CFF

    Otherwise. The revolver I own actually stayed at the house. Kept it in the garage. Used it only for hiking in the mountains. Bears.

    I never just carried it around. In fact, I work out off state mostly, she was always closer to it than I was.

    - - - Updated - - -

    I wish I had this all figured out but I don't.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: I Haven't Been Served. What Do I Do First

    If you're too poor to hire an attorney you might want to check and see if there are any legal aid attorneys or law schools in the area that offer advice for indigent clients. How poor will you be if you lose at the hearing and this order is granted? ... though I guess you'll be enriched a little when you have to sell your gun.

    You can always argue that you weren't properly served ... but, you would run the risk of having to fight a default judgment if you fail to appear and she has submitted some form of proof of service. It might be best to simply appear, anyway, then make whatever argument you might be permitted to make to argue that you are not a threat to her.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Jan 2014
    Posts
    15

    Default Re: I Haven't Been Served. What Do I Do First

    I think her copy of the service papers went missing. .. somehow. Are those dated and re-dated based on date of issuance and re- issuance?

    - - - Updated - - -

    I want to hire a lawyer, and I could if I had one more week. Can there be a postponement? Is it called Continuance? Does it cost money to file? Can anyone relevant file it?

  6. #6
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: I Haven't Been Served. What Do I Do First

    You may want to review the Rules of Civil/Family Law Procedure to determine whether you were properly served. Many states require that restraining orders be served by a deputy sheriff, constable, police officer or process server. Most states also require personal service-the person serving has to serve you in person.

    You may also wish to contact the court clerk to find out if there is a possibility of having the hearing continued. You may have to file a Motion to Continue and Order. If that is possible, you can raise any service issues as grounds for continuation (ie. you were improperly served and thus require more time to prepare for the hearing).

  7. #7
    Join Date
    Jan 2014
    Posts
    15

    Default Re: I Haven't Been Served. What Do I Do First

    Just wanna say thanks for all the help getting me in gettingthe right direction. I finally was able to get a lawyer. Can't hardly believe it, But I did. And I didn't have to waste precious minutes asking questions to get my bearings. Your answers answers were a big help.

    Still don't know how she got a court hearing without me being served. Looking at her papers though, it appears the petition and the summons were signed concurrently. Called the court to verify. They have no record of service.

    Her complaint fails to mention the police were called. My phone records concur.

    If I can subpoena the officer's response, a la why she didn't file a report, then I think tomorrow will be an otherwise safe day.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: I Haven't Been Served. What Do I Do First

    The officer can't testify as to why she didn't file a report - the most he can do is simply confirm that she did or didn't.

    Or, say "there is no record".

    (That's not quite the same thing...)

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: I Haven't Been Served. What Do I Do First

    The lack of a report is not the same as saying that the plaintiff had no reason to fear for her wellbeing.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #10
    Join Date
    Jan 2014
    Posts
    15

    Default Re: I Haven't Been Served. What Do I Do First

    Doesn't every action by a law enforcement officer require ' justification '?

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