Legal Question in Family Law in California

How can a person prove that they were never formally served a move out/restraining order? (Petitioner filed without serving). If proven, will Petitioner face legal consequences?

Asked on 8/02/22, 4:05 am

1 Answer from Attorneys

Obviously, proving a negative occurrence is a problem. If the proof òf service has been properly filed, there probably little more than obtaining a continuance and being served "again." This is a very common question. I have no doubt half the litigants fail to properly serve and half the litigants falsely claim they were never served. Litigants mistakenly think avoiding service by hiding or some other stealthy conduct will make the case go away or otherwise benefit them. This is almost never the case. Most often it provides a little more time, but usually at a cost ($.) If you are expecting any type of sanctions, expect to be disappointed.

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Answered on 8/02/22, 5:24 am

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