Once a court grants a temporary restraining order and a hearing date, the order papers must be delivered, or “served” to the respondent, putting them on notice that a petition has been filed against them. The order papers will typically contain the date and time of the hearing, a statement of the action requested, and any document the petitioner may have filed with the court in support of his/her position. The respondent will generally have between 10 to 20 days before the hearing date in which to respond to the petitioner’s statements.
Without proper service to the respondent, the court cannot issue a permanent restraining order. Service can be performed by a law enforcement officer or a process server, but it cannot be mailed.
If you are served with a notice of a restraining order against you, it is very important that you contact an experienced family law attorney who can inform you of your options. Our attorneys at Wallin & Klarich have over 30 years of experience in helping clients who find themselves in situations just like yours. We will work hard to ensure that your rights and interests are protected throughout the entire process. Call us today at (877) 4-NO-JAIL (877-466-5245). We will be there when you call.