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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27594
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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If you are served a temporary injunction for stalking and

Customer Question

If you are served a temporary injunction for stalking and you file a response does thatresponse have to also go to the petitioner? I didn't know if it would violate the temporary restraining order . Or if pursuant to civil procedure you had to do it anyways
Submitted: 3 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 3 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 3 months ago.

Good morning. Is a response required based upon what the party was served with or they simply want to file a response, on their own?

Customer: replied 3 months ago.
inwas served on the 4th of may I want to file a response because I cannot attend the hearing on a Friday. But would serving the response violate the temp order currently in place? Also do you know if not appearing will cause automatic judgement for the Petitioner. I'm in the legal field I just don't know this particular area that well
Expert:  FamilyAnswer replied 3 months ago.

Thank you for the reply. If the order is in place, you could not contact the other party and since no response is required by the court, it may create an issue, if you were to send the other party something. Now, if you can not attend the hearing on Friday, a motion needs to be filed either asking to appear by phone or for a continuance in the matter and asking the hearing to be reset. If you fail to appear, the order will be out in place. Moreover, the Judge will likely want testimony to be taken and the petitioner may want a right to question you, as well and if a statement/response is written, they would not be afforded that right.

Customer: replied 3 months ago.
ask for a Continance. Cause I can't be appear by phone either
Expert:  FamilyAnswer replied 3 months ago.

Yes, if you could not appear by phone, you need to make the Judge aware of the situation and ask that the hearing be continued/reset. In doing so, you can also provide a time/date(s) when you are free, so you can be heard and appear and have this decided on the merits.

Customer: replied 3 months ago.
Expert:  FamilyAnswer replied 3 months ago.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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