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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31590
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My neighbor served me with papers to appear in court. She is

Customer Question

Hello~ My neighbor served me with papers to appear in court. She is seeking a restraining order claiming I have harassed her and her children. The server did not confirm who I was when she left the notice at my door. I would not open the door for her as two weeks ago my neighbor came pounding at my door at night and I mistakenly opened the door and she accused me of talking to her children. All the while she had a friend video taping me. I told her I do not talk to her children. The warrant was left at my door on Sat. August 20th @ 9:00pm and states that I must report on the 25th of August. Is this considered a full 5 days. We live in a condo and her two adolescent children have gone out of their way to badger and taunt me for over 5 years. Needless to say, the information she has provided is filled with many 1/2 truths and some outright lies. Earlier this summer I had an attorney write a letter to this woman about the ordinances about noise in the community in which we live. She has essentially ignored it. When she has a boyfriend, she is seldom home yet says I harass her children on a daily basis. Because she is not home, this place has been the go-to place for a bunch of teen agers. My question is did she provide me enough time in which to appear and was the warrant correctly served.
Submitted: 9 months ago.
Category: Legal
Expert:  Roger replied 9 months ago.
Hi - my name is ***** ***** I'll be glad to assist.
Expert:  Roger replied 9 months ago.
Service is usually counted from the day after service.....so the 25th would be the fifth day. Therefore, the service and court date should be timely.However, if you need additional time to respond, to get a lawyer, etc., the judge should give you a continuance for more time.
Expert:  Roger replied 9 months ago.
Also, this person will have to prove the claim in order for the restraining order to be effective. Along those lines, you shall be given the same opportunity to refute the claims and state your position.