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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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must the parent of a minor served with a request for a restraining

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must the parent of a minor served with a request for a restraining order be served with the copy of the petition and, if not, is the restraining order void?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Customer: replied 3 years ago.


My son had a girlfriend whose mother pestered her to get a restraining order against him. I am trying to get the restraining order lifted. So I was wondering if one argument is that the order is void because I was not noticed despite the fact that my son is a minor. I was never served with the papers requesting the restraining order. Thanks

Hello again, Sandro, and thank you for clarifying the situation for me.

A temporary restraining order is usually granted by a court without first providing notice to the party against whom it is sought, then the order is served on the defendant along with notice of a hearing date, where the defendant has an opportunity to oppose the petition and allegations set out by the plaintiff.

Where a minor is involved, CA law typically requires that the order be served on the parent or legal guardian of the minor. Without proper service, the minor cannot be charged with violating the order since they have not received proper notice as required by the Due Process Clause of the U.S. Constitution.

However, lack of proper service does not make the order void and if the parent has actual notice of the order and scheduled hearing, it is typically best to appear at the hearing and defend in the matter since a permanent injunction could be entered by default against the minor if the parent/minor do not appear at the hearing.

Here is a link to the CA code requiring service of the parent/guardian where a minor is involved (Section 416.60):

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=416.10-416.90

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Tina

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