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My husband got a restraining order against me. I was never…

Customer Question
My husband got a...

My husband got a restraining order against me. I was never served. I heard about it from my childrens school and he sent a copy via text to one of my friends. The order he sent was the order after the hearing, taking away all of my parental rights.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Ca

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet. I just realized to day after reading it that it was the order AFTER the hearing that was in Tuesday of last week. I never was served, so I din not know about the order and I did not know about the hearing. Now I have lost all rights as a parent

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Obviously,someone, probably my husband, forged the service paperwork. What are my rights? He broke the law by not serveing me and having the paperwork forged. How can I get this workd out?

Submitted: 10 months ago.Category: Family Law
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Customer reply replied 10 months ago
Our social worker, the school and a police officer all told me there was a restraining order against me, but I was never served andy paperwork.
Answered in 41 minutes by:
10/1/2017
Family Lawyer: N Cal Attorney, Attorney replied 10 months ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9,903
Experience: since 1983
Verified

I am sorry to hear this.

Which Court issued the order?

Do you have an attorney?

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Customer reply replied 10 months ago
Contra Costa county.I do not have an attorney yet, but have been advised to get one.Is this my $5 response?
Family Lawyer: Sue, Family Law Attorney replied 10 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 629
Experience: Family Law litigator for over 35 years
Verified

Hello, Andrea. I’m here to help you today. I am a licensed attorney with over 35 years’ experience in family law. I’d like to review your question and perhaps do some research for a few minutes, type your answer and then I’ll be right back.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 10 months ago

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

What you can do is file a motion in this restraining order case for a hearing. In your motion, you can state the facts you've laid out above. The relief you can request is to dissolve the restraining order because service wasn't made, and to enter new orders reinstating your parenting rights.

Here is the website for Contra Costa/San Diego family restraining orders. One of the items in the banner is "forms" or on the page under "How to File for a Domestic Violence Restraining Order" you can click on "Domestic Violence - Restraining Order with Children Packet" to see if there is a form you could use for your motion.
If you have more questions based on my answer, please don't hesitate to let me know.

My goal is to provide you with excellent service. I hope I have provided you the information you were seeking. If you’re satisfied with my assistance, your 5-star rating at this time is most welcome. If you need more help or have any further questions, please let me do know so I can continue to assist you.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 10 months ago

Is there anything else I can help you with?

Do you have further questions based on my answer, above?

Sue

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