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I think my husband is going to serve me with a stay order…

Customer Question
I think my husband...

I think my husband is going to serve me with a stay order tomorrow. What can I do? His allegations are false and he is doing this because he does not want me living in our home while we go through a divorce.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

The divorce papers have been filed and he was served via email today. I sent him a list of mediators to choose from via email also. I was trying to make this less nasty.

Lawyer's Assistant: Family law varies by state. What state are you in?

California

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

No I don't think so.

Submitted: 2 months ago.Category: Family Law
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Answered in 23 minutes by:
5/25/2018
Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,792
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Kindly explain a little more.

What did you mean by you served him by e-mail?

Did the Court give you permission to serve him by e-mail?

I asked these questions because e-mail is generally not the proper way to serve the other party the divorce papers.

Also, what did you mean by a "stay order?"

Thank you for your cooperation.

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Customer reply replied 2 months ago
I have an attorney here in Rocklin. He is unavailable as it is after hours. He sent the summons and petition to my husband with a letter in an email and if my husband doesn't sign it then they explained in the email they will have to personally serve him. I was told by a police officer who was contacted by my husband on some false allegations that he was looking to file a restraining order and that his attorney advised him to contact them. We still live in the same home and have a business together. He is planning to have a stay away order filed on me tomorrow.
Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Your Question:

I think my husband is going to serve me with a stay order tomorrow. What can I do?

Response: Wait until you are served. Then immediately go to Court and file for the Order to be either modified or vacated because the Order was obtained through false statement of facts.

Best wishes,

<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">

Thank you for your cooperation.

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