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I live in las vegas. Ex lives in Arizona. He served me with…

Customer Question
I live in las...

I live in las vegas. Ex lives in Arizona. He served me with a bogus OOP probably to prevent me from testifying in his domestic case. Should I motion to dismiss this since I don't live there? I wasn't even there for a year

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

No

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

No, I just need to know since I don't live in the same state and of course what he is saying isn't true that I should motion to dismiss not motion for a hearing

Submitted: 7 months ago.Category: Family Law
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Answered in 13 minutes by:
12/1/2017
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,379
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Good morning. What did he serve you with? Are you the victim in the case?

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Customer reply replied 7 months ago
Order of protection. Said I called him after he told me not to. I haven't been to Arizona for a year and he also told people I vandalized his property which I did not. I am a witness in a domestic case he is involved with and I am a witness against him. Feels like he is trying to intimidate me.
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Thank you for the reply. If you are a witness for the State and subpoenaed to appear and testify, you could. The OOP could not be used as a tool to prevent you from testifying against him, so you could show up in court and just would want to advise the prosecutor of the same. As far as him filing for this, you should oppose and object to it. The fact that you do not reside there, does not mean it could not be put in place since there are times when parties are being harassed and bothered by people outside of the State and they need this imposed. As such, you can file a written response and would need to appear, to contest this, so the Judge can hear evidence and testimony and decide if there is any basis for it to be imposed. If you reside out of State and do not want to appear you can see if the Judge would allow you to appear by phone, for this hearing.

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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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