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Originally Posted by veritas88

Please write the motions and have it filed with the court for the judges review BEFORE hearing date xx/xx/xx:
1. Please submit the attached affidavits showng the attempts made by the sheriff and process servers;
1. Request a continence until such time as personal, or another form of service can be executed;
2. Prepare and file a motion requesting that the court allowed Service by Publication or posting;
Please ensure all of the motions and requests are executed and/or filed before the hearing date, or indicate why the requests could not be executed;

What do you think?

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Any lawyer that tries to file what you say should just take up their shingle and try a new occupation.

Your wanting to put the cart before the horse and expecting to get somewhere. Until he doesn't show you can't ask for a continuance. The affidavits are evidence and don't need to be filed until time of hearing or trial. At the hearing when the other party doesn't show he can make the requests as part of the pleading for continuance.

You go to court. Judge asks where the defendant is. You make your plea as why service never occurred and why it should be done in another fashion. The problem is that a TRO is very specific on how it must be handled and the rules that apply. You have stripped him of rights without representation. That is why there is a hearing on the matter so quickly. And I hope that your lawyer has explained to you that its not permanent in the sense of lasting forever. It lasts for 2 1/2 years. And can be renewed.

You either need to make a choice or move along. And if you do select another lawyer be prepared to bring lots of money. As your case is not open and shut so quickly.

Or should I just stick to writing it has a letter to the since I'm not a lawyer?

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Any lawyer that tries to file what you say should just take up their shingle and try a new occupation.

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Lol... ok yes I admit I'm no legal-begal.

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You go to court. Judge asks where the defendant is. You make your plea as why service never occurred and why it should be done in another fashion. The problem is that a TRO is very specific on how it must be handled and the rules that apply.

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I was told it is exactly because of these extenuating circumstances is why you want the request filed BEFORE the hearing... to allow the judge time to truly reflect on the matter, and so there will be something for them to consider and rule on besides just whether to continue or dismiss the case.

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You have stripped him of rights without representation.

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He has representation and they are both making a mockery of our justice system right now.

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Originally Posted by veritas88

He has representation and they are both making a mockery of our justice system right now.

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In getting a TRO you have stripped him of rights that he would have had without benefit of a hearing or trial. That is what the hearing is about. Allowing him to represent himself before the courts and any evidence against him.

So you better understand the dynamics of what we are talking about here try reading this...

https://www.askmehelpdesk.com/family...rs-499600.html

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So you better understand the dynamics of what we are talking about here try reading this...
https://www.askmehelpdesk.com/family-... rs-499600.html

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Thank you for the read, but I assure you none of this applies to this case. If you read this thread you will find examples of what this very off-balanced person as done, and will continue to do if he cannot be restrained. And again as far as his right go... he should do the right thing, except service, show up in court and tell his side of the story. There is simply nothing more noble than taking responsibly for your actions, or defending them if he feels as though he is being maligned in some way. The true ALWAYS prevails, at least at some point. Veritas.