[veritas88]

Thank you very much for the assistance. I was told that help was available on this sight, and they were right. How can I get in touch with you personally on this system to ask the specifics of HOW to file my motion etc.

[this8384]

You can PM excon by left-clicking his name once and selecting "Send a private message" from the drop-down menu

[veritas88]

How can I find such an attorney in southern California? Where would I begin looking on such short notice?

[this8384]

Wow...thank you for your kinds words and support in this matter. It literally brought tears to my eyes that anyone wanted to help.

(Sorry I don"t know how to pull quote directly from other threads yet.)
My ex has stalked me for a year now.
My home, car, and mailbox have been broken into, but the police can't arrest him since no one saw him do it. I've received several hang-up calls, and have changed my number several times as a result. My email has been hack by him, with his IP address located on my accounts log files...but still the police can't do anything with them. I've had my doorbell rung at midnight, and a few minutes later the the window of the car parked in front of my house was smashed. The list goes on and on.

The police advised me that this since the crimes were to numerous to be random to file for a TRO, and when I did the judge agreed. But now making the TRO permanent is in jeopardy because of this lawyer...and my hearing is this coming Tuesday.

Uh oh, I don't like the sound of that :(

It sounds to me that you are most likely being harassed by your ex - the issue is that there's no proof it's actually him harassing you. Without proof, it's going to be hard to get the TRO granted. You can still try but my opinion is you're going to need something more concrete in order to get the TRO granted.

[excon]

You can PM excon by left-clicking his name once and selecting "Send a private message" from the drop-down menu

Hello again, this:

Not going to do any good though. I ain't no lawyer. I'd just tell her to read the book. Actually, I'd tell her to FIRE her lawyer, and hire one she trusts. She shouldn't do this alone.

excon

[this8384]

Hello again, this:

Not gonna do any good though. I ain't no lawyer. I'd just tell her to read the book. Actually, I'd tell her to FIRE her lawyer, and hire one she trusts. She shouldn't do this alone.

excon

Just trying to be helpful :)

You read my last post? I got a bad feeling about this...

[veritas88]

this8384 -- It sounds to me that you are most likely being harassed by your ex - the issue is that there's no proof it's actually him harassing you. Without proof, it's going to be hard to get the TRO granted. You can still try but my opinion is you're going to need something more concrete in order to get the TRO granted.

That's exactly the issue this. And now that I was finally able to get a judge to grant me a TRO, my attorney botches the personal service to my ex, and complicates the matter. Time should be spent on our argument at hearing, and more discovery of the facts, rather than how to get this insane person served. Meanwhile my ex makes a mockery of the court system, and I get further victimized by the only system available to me that could possible lend a measure of protection. Sigh.

[veritas88]

No worries excon, I'm just looking for answers and clues as to where to look, not legal advice. Your words of support thus far have been very valuable to me.

[this8384]

That's exactly the issue this. And now that I was finally able to get a judge to grant me a TRO, my attorney botches the personal service to my ex, and complicates the matter. Time should be spent on our argument at hearing, and more discovery of the facts, rather than how to get this insane person served. Meanwhile my ex makes a mockery of the court system, and I get further victimized by the only system available to me that could possible lend a measure of protection. Sigh.

So wait now - the order was GRANTED already? I thought the respondent had to be served in order to grant the TRO; you said he's avoiding service. If the order is already in place, screw him - he doesn't need to be served. If the order is pending, then he NEEDS to be served or it will be dismissed.

Filing a motion is one thing; getting your motion granted is another. We need clarification on this.

[veritas88]

this8384 -- So wait now - the order was GRANTED already? I thought the respondent had to be served in order to grant the TRO; you said he's avoiding service. If the order is already in place, screw him - he doesn't need to be served. If the order is pending, then he NEEDS to be served or it will be dismissed.

Filing a motion is one thing; getting your motion granted is another. We need clarification on this.

Sorry for any confusion. A judge has reviewed the matter and has already granted me a temporary retaining order which is effective for 3 weeks in most cases. I am attempting to get the temp order made permanent, and that is what the h=upcoming hearing is to determine. My ex has intentionally avoided being personally served for that upcoming hearing upon advice of his council, and now since this will be the 3rd continence because we can't serve him my attorney is saying the case will probably just be dismissed. Hope this helps.

[excon]

Hello v:

Why don't you hire a better process server? I'll bet he can be found.

excon

[this8384]

Sorry for any confusion. A judge has reviewed the matter and has already granted me a temporary retaining order which is effective for 3 weeks in most cases. I am attempting to get the temp order made permanent, and that is what the h=upcoming hearing is to determine. My ex has intentionally avoided being personally served for that upcoming hearing upon advice of his council, and now since this will be the 3rd continence because we can't serve him my attorney is saying the case will probably just be dismissed. Hope this helps.

Does your ex have a hired attorney who filed a retainer with the court or is someone simply telling him to avoid service? Why is his attorney not being served with these papers?

Where has your ex been attempted to be served? His home, his work? Process servers get paid to serve, not to wander around with papers - I get the feeling your attorney is yanking you around on this and trying to bill you for something he never paid for. Even more imperative to speak to another one about the legality of all of this. The fact that he botched the case by sending the TRO by mail speaks volumes about his professionalism.

You mentioned that you've filed for three continuances already. Have you already refiled a DV-125 to reissue the temporary order until service can be obtained? Or has your deadbeat attorney simply filed for a continuance?

[this8384]

Hello v:

Why don't you hire a better process server? I'll bet he can be found.

excon

Her attorney says he already did(2nd paragraph in the original post)... I don't believe it.
https://www.askmehelpdesk.com/other-...nt-548226.html

My next question is, why isn't the respondent's attorney being served? S/he is representing the respondent - I don't see why there's all this running around. Either the respondent has legal representation who can and should receive any documentation regarding this case - or he doesn't have a lawyer and everyone is blowing smoke and this poor woman is caught in the middle.

[veritas88]

this8384 -- Does your ex have a hired attorney who filed a retainer with the court or is someone simply telling him to avoid service? Why is his attorney not being served with these papers?

My ex has an attorney according to my lawyer, but as far as I know nothing has been filed by that opposing council with the court. I asked about having that attorney accept service on heir clients behalf, and was told that service in a TRO case must be personally served.

this8384 -- Where has your ex been attempted to be served? His home, his work? Process servers get paid to serve, not to wander around with papers - I get the feeling your attorney is yanking you around on this and trying to bill you for something he never paid for.

Agreed, I just emailed and faxed him a request for the original invoice from the process server(s), and would you guess no return email, and his fax line is busy.

this8384 -- Even more imperative to speak to another one about the legality of all of this. The fact that he botched the case by sending the TRO by mail speaks volumes about his professionalism.

I completely agree at this point. But unfortunately I did not know the process, I am since educating myself on the matter, hence all the digging I'm doing today for answers. Hindsight is 20/20.

this8384 -- You mentioned that you've filed for three continuances already. Have you already refiled a DV-125 to reissue the temporary order until service can be obtained? Or has your deadbeat attorney simply filed for a continuance?

We've filed for 2 continuances... this will be the third. And ys I have them for the past granted continuances. Hopefully the judge will grant the third, along with an order to serve by publication of posting.

[this8384]

My ex has an attorney according to my lawyer, but as far as I know nothing has been filed by that opposing council with the court. I asked about having that attorney accept service on heir clients behalf, and was told that service in a TRO case must be personally served.


Agreed, I just emailed and faxed him a request for the original invoice from the process server(s), and would you guess no return email, and his fax line is busy.


I completely agree at this point. But unfortunately I did not know the process, I am since educating myself on the matter, hence all the digging I'm doing today for answers. Hindsight is 20/20.


We've filed for 2 continuances...this will be the third. And ys I have them for the past granted continuances. Hopefully the judge will grant the third, along with an order to serve by publication of posting.

I'd consult with another attorney ASAP. You might be able to get the continuance granted because your former counsel(the jerk you're going to fire) was not acting diligently.

[AK lawyer]

... If the order is already in place, screw him - he doesn't need to be served. ...

It needs to be served if it is effective. Otherwise, if the respondent violates it, and when faced with a contempt motion, he can simply say "but I never knew about it". As I was saying, it might not be even sufficient if he had an attorney of record who was given notice of the TRO. Personal service of a TRO is always best.

... A judge has ... already granted me a temporary retaining order which is effective for 3 weeks in most cases. I am attempting to get the temp order made permanent, and that is what the h=upcoming hearing is to determine. ...

Yes, that's sort of what I was saying.

TRO - granted prior to service
Preliminary injunction - follows TRO after service.

Why don't you hire a better process server? I'll bet he can be found.

Yes. In fairness to OP's attorney, getting the person served is not the attorney's job. It is up to him to diligently find and direct the process server, but not to hold the process server's hand & micro-mange him.

[this8384]

It needs to be served if it is effective. Otherwise, if the respondent violates it, and when faced with a contempt motion, he can simply say "but I never knew about it". As I was saying, it might not be even sufficient if he had an attorney of record who was given notice of the TRO. Personal service of a TRO is always best.



Yes, that's sort of what I was saying.

TRO - granted prior to service
preliminary injunction - follows TRO after service.



Yes. In fairness to OP's attorney, getting the person served is not the attorney's job. It is up to him to diligently find and direct the process server, but not to hold the process server's hand & micro-mange him.

I don't think her attorney has done ANYTHING at this point. She stated earlier that she asked him for a copy of the process server he allegedly hired - she's heard nothing back. Our attorney sent us a copy the minute she got the bill.

The whole "respondent does/doesn't have an attorney" thing is a major issue for me. This woman is just trying to protect herself and it seems as if this attorney is taking her to the cleaners and doing nothing for her. That's why excon and I keep stressing that she NEEDS to get rid of this guy and do what she can to try and salvage the situation.

[veritas88]

this8384 -- I don't think her attorney has done ANYTHING at this point. She stated earlier that she asked him for a copy of the process server he allegedly hired - she's heard nothing back. Our attorney sent us a copy the minute she got the bill.

The whole "respondent does/doesn't have an attorney" thing is a major issue for me. This woman is just trying to protect herself and it seems as if this attorney is taking her to the cleaners and doing nothing for her. That's why excon and I keep stressing that she NEEDS to get rid of this guy and do what she can to try and salvage the situation.

Stated in a nutshell this8384. I've bee on the phone with other attorneys all day regarding this matter, but of course it all comes down to money. At this point I have to be specific and give my attorney a list of what needs to be done, and hope that he does EXACTLY that and nothing else.

If I give him a list of specific motions to make BEFORE the hearing is he obligated to get it done as instructed? The list would be along the lines of...

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?

[veritas88]

Otherwise I need to fire him today and write these motions myself, and get them filed asap.

[veritas88]

Wow I think I just may be able to do this on my own... writing and filing the motion to request service by publication that is. I found a great source for doing such a thing here.