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Loren, Lawyer
Category: Criminal Law
Satisfied Customers: 34412
Experience:  Former administrative hearing officer
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Can someone try to serve you a restraining order via a

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Can someone try to serve you a restraining order via a voicemail to your email
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Have you talked to a lawyer yet?
Customer: No i expelled my business partner from my business for forging a contract and i heard he is trying to serve me with a restraining order he dies not know where i live
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
You can not be served via voice mail. A restraining order can be taken out ex parte, which means that the person who wants/needs the order goes to court, applies to the judge without the other person being there and the judge, if satisfied, will grant a temporary order. The person against whom the order is made isn't usually deemed to be bound by it until it's brought to their attention, usually by way of personal service (i.e. the document containing the order is handed to them by a process server, police officer or some such). If someone knows that a restraining order has been granted against them and deliberately evades service, the court can order substituted service, e.g. by delivery of the document to the person's address.
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Customer: replied 12 months ago.
I have reason to believe that he filed this in retaliation if me expelling hom from the partnership and exposing him in rrgards to the fraudulent contract
Do the courts recognize retaliatory restraining orders in these kinds of cases
I never made any threats im a business woman with higj emotional intelligence
He was trying to extort money from me and created a fraudulent document
First, it is possible he is bluffing and there is no restraining order even filed for. In other words, he is just trying to scare you.
Otherwise, if this were an ex parte order, it would only be in effect for a short period (2 weeks or so) before it would have to go in front of a judge for a hearing on continuing it. At that time you could bring an attorney and present evidence of the false allegations originally presented.
Then, you could sue for fraud and defamation and any other claims supported by the unlawful actions of this person.

I am unclear as to why you rated my service negatively. If I misunderstood your question I apologize. Is there further information I may provide to help clarify my answer? I am happy to answer your follow up questions until you are satisfied.

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