Legal Question in Family Law in California

Subpoena

In a divorce trial, if someone leaves a subpoena on your doorstep, how legal is that and is it binding? The other question is, how do I know it's valid? I currently have a restraining order against the person that signed the subpoena and he is not an attorney. I'm not sure if this is just continued harrassement, or legal. I feel very threatened by this person and do not want to be involved in the divorce. He is a pathological liar and a drug addict. There's not even a name on the subpoena that I can call as I couldn't be there if it is legal.


Asked on 5/16/05, 7:29 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Subpoena

You can fax me the document or call for an appointment for an opinion. Call me directly at (619) 222-3504.

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Answered on 5/16/05, 1:11 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Subpoena

You did not indicate whether you were just a witness or a party to the divorce. If you are a witness what is your relationship with the parties. If you feel physically threatened then you should report this to the police. As to the subpoena if it was left on your porch it was not personally served as required. However, the person who subpoenaed you may have a false proof of service and if you donot appear then the court may issue a body attachment for you. You need to contact an attorney and obtain some assistance. The attorney can also assist you in obtaining a restraining order keeping this person away from you.

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Answered on 5/16/05, 8:50 pm


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