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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18088
Experience:  B.A.; M.B.A.; J.D.
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I am a grandmother that the mother of the children do not want them to

Customer Question

I am a grandmother that the mother of the children do not want them to see me. Still fighting in court with father of children. I went to a ball game. Sheriff was called, he told the mother to stay away from me and that I could come to the game. I was told not to bother the children. I went to another game and the other grandmother came to me and told me she was going to have my son arrested. I told her to go head that I would get visitation at that time and I would let the children know what they were doing etc. They went to clerk office and got a restraining order lying that I was stalking the children by driving by their home and other lies. I live out of town also. The mother of the children texted my son stating a restraining order was given and there was a court date 5.12.16. I have not been served anything . If I am not served and do not show up for this court date, what will happen? Can they just lie and there be no consequences? What are my rights?
Submitted: 9 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 9 months ago.
If I am not served and do not show up for this court date, what will happen? Response 1: Unless they lied about serving you with the Notice, the Court must reschedule the hearing and give them another opportunity to serve you. Also, if a Restraining Order has been obtained against you, that Restraining Order is not binding on you until you have been served with a copy of the Restraining Order. Can they just lie and there be no consequences? What are my rights? Response 2: The Sheriff is supposed to serve you with a copy of the Restraining Order and Notice of hearing. If these documents are not served on you, you do not have to appear in Court and the Court cannot rule against you for not showing up. If the Court rules against you because a false certification of service was filed with the Court that you have been served, but you were not actually served, you can file Motion to Vacate the Court's Judgment in the case for lack of service. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Customer: replied 9 months ago.
Thank you. It helps with stress, but I don't trust the courts. If your answer is correct I shouldn't be worried. Thank you
Expert:  Phillips Esq. replied 9 months ago.
If you have not been served, the Court cannot penalize you for not complying with the Restraining Order or not showing up for a hearing. You must be served in order to comply with a Restraining Order or show up for subsequently scheduled hearing as part of the Restraining Order. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.

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