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  1. #1

    Default Not Served a Copy of WV-116 and WV-115 After Hearing Date Extended

    My question involves restraining orders in the State of: California

    I had a temporary restraining order put against me. I am the respondent. The Petitioner had the court date changed for the hearing for a permanent restraining order, and I was never served as I was supposed to be. Before the petitioner had it changed, my court date was 8/3/2018. It is now 8/7/2018 and I've still never been served. Is there anything I can do? Like a formal complaint to fill out?

    Thanks.

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

    Default Re: Not Served a Copy of WV-116 and WV-115 After Hearing Date Extended

    If you have never been served, how do you know about the order? Keep in mind that there are ways to conduct valid and legal service that do not require you to actually lay a hand on the order. It's not a matter of playing a game of "hot potato" to be free of the consequences.

    If you were NOT legally served, and the court date was today, then chances are you cannot (yet) be held in violation of the order. Though, should you commit any acts that might otherwise be a violation of the law you could still be held accountable. Annoying and harassing calls, texts or emails, stalking behavior, trespassing, etc. can all be charged under the right circumstances.

    If not served and you missed the court date, the court or the petitioner can ask for the matter to be continued pending legal service. Depending on the facts, these requests are often granted. Since you are clearly aware of the matter, you might consider hiring an attorney and addressing the issue rather than delaying the inevitable.
    **********
    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

    Default Re: Not Served a Copy of WV-116 and WV-115 After Hearing Date Extended

    I was served with the original order, but I was not served with the new documents for the new court date. I know that it changed because I looked up my court case online, but that doesn't count as service. It also doesn't tell me why they changed the date. Perhaps they got a lawyer and now I need to get one too, for example.

  4. #4
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    Default Re: Not Served a Copy of WV-116 and WV-115 After Hearing Date Extended

    Quote Quoting twindle
    View Post
    I was served with the original order, but I was not served with the new documents for the new court date. I know that it changed because I looked up my court case online, but that doesn't count as service. It also doesn't tell me why they changed the date. Perhaps they got a lawyer and now I need to get one too, for example.
    Then you might decide to go to court and ask for a continuance to either prepare your response, or hire an attorney. Keep in mind that the order will likely be continued pending any new court date.
    **********
    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

    Default Re: Not Served a Copy of WV-116 and WV-115 After Hearing Date Extended

    I want help from someone other than you. That was a hypothetical. I don't know what their reason for changing the court date was, and I can't know without being served, which I haven't been. Thus I am unable to prepare.

  6. #6
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    California
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    Default Re: Not Served a Copy of WV-116 and WV-115 After Hearing Date Extended

    Quote Quoting twindle
    View Post
    I want help from someone other than you. That was a hypothetical. I don't know what their reason for changing the court date was, and I can't know without being served, which I haven't been. Thus I am unable to prepare.
    You are free to hire an attorney. You don't get to choose who responds to your posts and who does not. Besides, it has been YOUR response (in your other thread) intimating that you intend to respond violently to the order that indicates you are a good candidate to receive it.

    As I posted above, you can go to court and request a continuance in order to prepare your response, though you will almost certainly still be subject to the initial ex parte order at least until the hearing. Ignoring the matter will only result in a finding against you if the court is under the impression that there is good service. So, if you failed to appear today, it's a pretty sure bet that the order was granted.
    **********
    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

  7. #7
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    California
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    20,594

    Default Re: Not Served a Copy of WV-116 and WV-115 After Hearing Date Extended

    The clear implication of violence is there, and if such statements are a part of any petition for the order, then I suspect a court would see it that way as well. Remember, a CHO/TRO is not subject to the same burden of proof that a criminal prosecution might be, and there is ample supporting case law in CA to support claims that such inferences as you have made here can be considered as part of stalking or harassing communications offenses if they were to be made to or about the office or any of the people there. If the higher bar is able to be met with such statements, then the lower one necessary for a CHO is more easily reached.

    You'd best be careful lest you end up on the receiving end of a stalking arrest.
    **********
    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

  8. #8

    Default Re: Not Served a Copy of WV-116 and WV-115 After Hearing Date Extended

    Does anyone know the answer to my actual question? Lets turn the question around since it's a lot more fun to find repercussions to my own behavior, and read into everything in the most inane possible manner:

    Lets say I have the court date extended and don't serve the petitioner with WV-115 and WV-116 as I'm supposed to. What are the repercussions to my failure to comply? What actions might they take?

  9. #9

    Default Re: Not Served a Copy of WV-116 and WV-115 After Hearing Date Extended

    I wasn't planning not to go, but I am interested in pointing out that they didn't follow through with their requirements. If there is no repercussions to not following through then something is very wrong.

    Anyway, I'm going to have to extend it now myself because I'm having surgery before the court date. Oddly enough, the surgery is related to the whole ordeal, where I got labeled as a paranoid schizophrenic by the idiot that put the restraining order against me because an orthopedic doctor hurt me, and now I need surgery. (Which, of course, I"m sure the idiot involved still thinks is a delusion.)

  10. #10
    Join Date
    Jul 2010
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    Default Re: Not Served a Copy of WV-116 and WV-115 After Hearing Date Extended

    Quote Quoting twindle
    View Post
    I wasn't planning not to go, but I am interested in pointing out that they didn't follow through with their requirements. If there is no repercussions to not following through then something is very wrong.
    Generally speaking, no there would be no repercussions for failing to properly serve you. Had you not shown up, you could have moved to set aside any decision made since you weren't aware of it. The court might chide them for not properly serving you, assuming that is what happened and some other form of service wasn't allowed by the court. Beyond that, there isn't anything the court could do in this case.

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