Restraining Order Question Hearing / Proper serve?

[sandyclaus]

The judge decides based on the claim and the credibility of what's presented to them. They take it as truth unless and until they have any reasons to doubt its veracity. Again, since all they had to go on was what the server stated on the proof of service, they had no reason to doubt its veracity. The judge had no reason to believe what was being said wasn't true because no one said as much. You'd be surprised at how many people lie under oath, or state that things are true under penalty of perjury simply because no one ever questions it.

 

[eze5]

Appreciate the responses....

I assumed the court system worked better than this.

Glad to know someone can screw anyone over on the turn of a dime and not be questioned.

 

[eze5]

Okay last thing.

How long will this stay on my record / affect me getting a job?

 

[sandyclaus]

This will remain on your permanent record. Depending on the kind of work you do or employment you are seeking, having a restraining order against you can certainly affect your job and/or job search. And while you have an active restraining order against you, you are not allowed to have or possess any firearms, and will be required to turn them into the police for the duration of the orders.

Seriously. If you think that you have good reason to have them vacate or set aside the restraining order, you have some time to file your motion and try to get it vacated/set aside.

 

[stealth2]

If you didn't bother to protest service (and don't play the "I didn't know" game, because you obviously did) by showing up in court, you don't get to whone about the result.

And please - lose the foul language.

 

[CdwJava]

So basically. If my mother never spoke to me again. I get a restraining order put on my record without me knowing, because some guy lied about it?

Love the court system....

This can't be legal....

Well, if there were no proof of service then you could not be convicted of the crime and likely not even charged. But, for a court to acknowledge improper service they have to be aware of it. If no one goes to court, they don't know.

And this goes on record based on one man's statements because no one showed up to challenge his assertions. If you were aware of the court date and chose not to attend, your bad. If you were never aware of any of the proceedings, you need to find out how to get this back before the court if you wish to challenge the CHO.

 

[eze5]

Mind you, he used all four of the serving address as my mothers legal address.


Every paperwork listed all four people as my mothers legal address.


Something can't be right. It seems stupid that I can lie about serving someone and win a restraining order and the person could never knew...

Seems too easy...there is something I'm missing. The court can't base the service as 100% legit when it's likely a friend of the person who "served it" in the first place.

 

[eze5]

This also isn't domestic.. this is civil. I just couldn't find the civil area to post in.

If that makes a difference.

 

[sandyclaus]

Mind you, he used all four of the serving address as my mothers legal address.


Every paperwork listed all four people as my mothers legal address.


Something can't be right. It seems stupid that I can lie about serving someone and win a restraining order and the person could never knew...

Seems too easy...there is something I'm missing. The court can't base the service as 100% legit when it's likely a friend of the person who "served it" in the first place.

You're right. It is entirely unfair that you could have had this RO issued against you, but as I said and CdwJava just said again:

...for a court to acknowledge improper service they have to be aware of it. If no one goes to court, they don't know.

And this goes on record based on one man's statements because no one showed up to challenge his assertions. If you were aware of the court date and chose not to attend, your bad...

The court has NO OTHER CHOICE but to base their decision on the one side presented to them. They don't know who the person is that served the papers. How would you expect them to know unless SOMEONE told them?? How is the court to know that the friend served the papers? How is the court to know that all 4 people didn't live at your mother's address? It certainly wouldn't be in the plaintiff's best interest to say anything, now would it?

You can go back and forth all you want and scream out your righteous indignation at how unfair this all is, but at the end of the day, both you and your mother had the chance to go to court and fight the RO and chose not to.

 

[eze5]

How do they not know if someone was served properly or not?

Seriously? What if I never knew about this until 2-3 years later down the road when Im applying for a job and Im asked about this.

Forgive me. I don't understand how a court can put their trust into a random person and then grant a restraining order when no one shows up because they believe someone was properly served. ... that makes absolutely 0 sense.?

Pretend it was just me and they lied about the serving of the orders. And later in life I'm applying for a job and its brought up and I never knew of it until that moment. - How can I fight something 3 years old if I never knew of it in the first place?




Now...here's another question. Not showing up to court thats my fault okay. - How am suppose to follow a restraining order if I don't know what the restraining order issues. 100 Yards? 200 Yards? Email/Mail contact? etc.

Again, my mother lives in a small town. Theres a post office. Gas Station. Small Grocery Store and two restaurants. And then a 45 minute drive everywhere else.

How is anyone suppose to follow the orders without knowing what the orders consist of?

 

[Proserpina]

How do they not know if someone was served properly or not?

Seriously? What if I never knew about this until 2-3 years later down the road when Im applying for a job and Im asked about this.

Forgive me. I don't understand how a court can put their trust into a random person and then grant a restraining order when no one shows up because they believe someone was properly served. ... that makes absolutely 0 sense.?

Pretend it was just me and they lied about the serving of the orders. And later in life I'm applying for a job and its brought up and I never knew of it until that moment. - How can I fight something 3 years old if I never knew of it in the first place?




Now...here's another question. Not showing up to court thats my fault okay. - How am suppose to follow a restraining order if I don't know what the restraining order issues. 100 Yards? 200 Yards? Email/Mail contact? etc.

Again, my mother lives in a small town. Theres a post office. Gas Station. Small Grocery Store and two restaurants. And then a 45 minute drive everywhere else.

How is anyone suppose to follow the orders without knowing what the orders consist of?

And the reason you can't get a copy of the order is.....what?

 

[Ohiogal]

3 years, 5 years. Whatever. If you were NOT properly served and service was not perfected, file a motion to vacate due to the fact that the court never obtained personal jurisdiction over you. Make sure you attach to your motion an affidavit that states where you have lived, when and the circumstances of why you did not know about the issue.

 

[CdwJava]

How do they not know if someone was served properly or not?

The person conducting the service submits a "proof of service" affidavit to the court. The court does NOT send out an investigator to double check the service, they rely on the statement (signature) of the person conducting the service to affirm that good service was conducted. It is not entirely uncommon for matters to come to court again over an allegation of improper service. But, until you or your mother make an issue out of this IN COURT, it's not going away.

Since you admit you were aware of the court hearing and chose not to attend, you may be dead in the water anyway. All you can do is ask for a new hearing (I am not sure of the specific process, however).

Now...here's another question. Not showing up to court thats my fault okay. - How am suppose to follow a restraining order if I don't know what the restraining order issues. 100 Yards? 200 Yards? Email/Mail contact? etc.

Before you can be charged with violating the order, proof of service of the final order must be made. If there is no valid service, no crime for the violation can ensue. So, if you were not in court, you will have to be served again with the final order in order to be held to account.

 

[eze5]

Before you can be charged with violating the order, proof of service of the final order must be made. If there is no valid service, no crime for the violation can ensue. So, if you were not in court, you will have to be served again with the final order in order to be held to account.

That's what I was wanting to know. I appreciate your response. I tried to respond yesterday but the forums wouldn't let me.


Again, I appreciate the responses.

 

[eze5]

We have yet to be served by a processor, or sheriff, and nothing has been mailed. Lol.



If he won the restraining order but never has the final orders served does the restraining order even count?