Filed for TRO and 24 hr move out

[mac964]

What is the name of your state (only U.S. law)? California (Los Angeles County)
I filed for a TRO and 24 hr. move out on a live in partner. I solely own the home. He is a drunk and abusive when drunk with a long history of such. I can't take the verbal and emotional abuse anymore, as well as some physcial with I supplied in my court documents. I was told I have to "notifiy" him in person (he lives with me) that he has to appear in court on Monday. Are they kidding me??? I'm terrified to tell him. They said I don't need to tell him why. Okay..he is just suppose to say, "Alright, meet you there"????

What happens if I don't tell him and I just show up?
What happens if I notify him and he doesn't appear?
I am suppose to notify him by noon tomorrow, Sunday.
I am so terrified of just telling him.

[CdwJava]

YOU cannot legally serve him with the TRO. Only someone NOT named on the TRO, a process server, the sheriff's department, etc. can serve it.

You might consider calling the local law enforcement office to serve him.

Why did you wait so long to have him served? You had to have been in possession of the paperwork some time back so why the delay? A court will be asking that question, too.

If you cannot serve him, you should probably show up yourself and explain to the court why he has not yet been served. Perhaps the court will continue the matter and direct the Sheriff or the Bailiffs to serve it.

- Carl

[Ronin]

Agreed that you have taken much too long to have your partner served. And you cannot personally serve it.

The TRO hearing scheduled on Monday (as in tomorrow?) will surely be cancelled and rescheduled by the judge if you show up, since your partner was not duly served and did not have the requisite time to properly respond to your complaint. Even if served today, tomorrows hearing would have to be postponed, although most jurisdictions do not allow service of process on a Sunday anyway.

If you do not show up for the hearing, the TRO may be dismissed, requiring you to refile it.

[mac964]

No, the court clerk gave me a document, NOT a service doc. I was instructed in person and on the from to "verbally" notify the defendant that they must appear in court on Monday at 8am for a prelim. hearing. I was told not to tell them why, but only that they have to appear. Which makes NO sense to me. I just read the paperwork again and that is what it states. This person is the abuser..I'm suppose to tell them they have to appear in court????? The document stated by noon Sunday. They don't have to sign anything, I do, with the time I verbally told them.
They told me both parties will have a few min. to explain. If they don't show up I don't know what happens.

Reason I waited? I've been threatened that should I do anything something would happen to me. I finally could not take it anymore and stood up for myself legally. The partner signed a move out notice on Oct. 3 to vacate as well and refused. That is also included with photos of injuries and detailed notes on verbal abuse, kicking, hitting, shoving, etc.

[mac964]

The clerk told me this was not a "service notice" that comes from a marshal when the order is put in place. I was given a "notification" to present to the abuser. They MUST be kidding! The person that is violent, hurt me, harasses me, is a chronic alcoholic in my house and I'm suppose to tell them, "Guess what, you have to appear in court at 8 am on Monday"...