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I have been involved in a small claims court case over the

Customer Question
Hi! I have been involved...
Hi! I have been involved in a small claims court case over the last year. I have beaten twice in small claims. She is taking me back to court on Monday to tell the judge that he was erroneous in his decisions. In the mean time, I have gotten a permanent restraining order against her (3 year). She had to be served in Oregon and I am in California because she refused service here. She was just served last week. The server in Oregon is being really slow about giving us the POS so my question is, can I show the judge my retraining order paperwork without it being filed?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: No. I have several people who saw her being served and will attest to that. It just has not been filed by the court.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 6 months ago.Category: Family Law
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Answered in 12 minutes by:
5/12/2017
Family Lawyer: Barrister, Lawyer replied 6 months ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38,700
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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The server in Oregon is being really slow about giving us the POS so my question is, can I show the judge my retraining order paperwork without it being filed?

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Was the order issued out of CA and served on her in OR?

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Or was it issued and served in OR?

.

.

thanks

Barrister

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Customer reply replied 6 months ago
It was issued out of California and served in Oregon
Customer reply replied 6 months ago
She sues people for a living so knows how the system works. She refused/avoided service here.
Family Lawyer: Barrister, Lawyer replied 6 months ago

Ok, then I hate to say it, but you can bring it to the judge's attention, but until you have formal proof of service, legally she hasn't been served with it yet. But the judge would have the ability to just ask her if she has been served with it and if she admits it, then that would make any POS a moot point..

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But even with a RO issued against her, that still wouldn't prohibit her from filing a legal action in court as ROs don't prevent someone from exercising their legal rights to access the court system.

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However, if it is a frivolous lawsuit, the judge could find this to be harassment and label her a "Vexatious litigant" and award you punitive damages against her if you counter sued.

.

.

thanks

Barrister

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Customer reply replied 6 months ago
I will have people in court who saw her being served. Can I use their testimony?
Customer reply replied 6 months ago
Just to be clear, this was at an international dog show and she was served walking out of the ring. EVERYBODY saw this.
Family Lawyer: Barrister, Lawyer replied 6 months ago

Sure, you can have them testify as witnesses if she denies being served if the judge asks her. But if she is asked, and she lies under oath, then that is perjury and the judge can charge her criminally..

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.

thanks

Barrister

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Customer reply replied 6 months ago
Awesome! Thank you! That is all I need.
Family Lawyer: Barrister, Lawyer replied 6 months ago

You are very welcome. Happy to help anytime.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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Barrister
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38,700
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Experience: Attorney with 17 years experience

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