Is the civil restraining order legally binding?
Is the civil restraining order legally binding?
Is the civil restraining order legally binding if:
-it was issued under the wrong person's name;
-the defendant did not attended the hearing;
-It was issued without reasonable and in good faith attempt at an informal resolution of each issue presented by the motion (nobody told the defendant not to contact the victim)
-at the time of the service, the papers did not touch the defendant body and the defendants last name was not pronounced
Nathan’s Answer
If proper service is found by the court (service can be effectuated without papers touching the defendant) then the restraining order can be issued. If you did not go to hearing on the basis that you thought service was defective, you could have appeared via a "special appearance" to argue proof of service was not served, but then you may have been served on the spot again. But if the proof of service is found valid, and you did not show up, the other side could have won by default. That is why it is important to prepare a defense and show up if you know proceedings will be had against you.
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