Legal Question in Family Law in California

My husband and I both have DV 130 restraining orders against each other. My husband got his when he had me falsely arrested for felony DV last November but I got mine just 3 weeks ago with property rights for my duplex and vehicle through divorce court. isnt my restraining order valid being the most recent and most constraining? The police department wont enforce it because he says he was not served ( He was served and I filed proof of services with Courts for both temporary and 2 year order)

Asked on 2/19/16, 11:00 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

It sounds like they're both valid. You need to get a certified copy of the proof of service from the court, along with a certified copy of the restraining order bearing the court's entry of the order. The police should then enforce. Also, unless these are Non-CLETS orders, you should have taken filed endorsed copies of the RO and POS and filed them with your local police dept. to get it into the CLETS system.

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Answered on 2/21/16, 9:58 pm

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