Legal Question in Civil Litigation in California

Never served - denied defense

I've been served with a permanent restraining order for harassment because I did not show up for a hearing that was scheduled last week. The court has a record that I was served, but I was never served with any papers to notify me of the charges or of the date of the hearing. I have been to two separate hearings regarding the same matter a few months ago where both times the restraining order has been denied due to lack of proof of harassment. I was not served and have been denied the opportunity to defend myself in court. What steps can I take to protect myself? Can the restraining order be overturned? I don't have the money to hire a lawyer and these people are ruthless and will lie at any cost. They have perjured themselves in court and have lied to the police about my alleged harassment. I'm very worried they will lie just to have me arrested. What can I do??


Asked on 1/16/06, 2:44 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Never served - denied defense

You should retain an attorney to assist you in resolving this matter. If you were not served with proper notice of the hearing you should be able to get it set aside. Showing that the other party has committed perjury may be helpful in case criminal charges are filed.

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Answered on 1/20/06, 1:47 am
Terry A. Nelson Nelson & Lawless

Re: Never served - denied defense

If you can't afford counsel, you're going to have a tough time preparing and winning the appropriate 'motion to set aside' the court order. Go research the proceedures and find legal sources to show you what the motion should look like and how it has to be supported.

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Answered on 1/20/06, 1:02 pm


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