Order of protection

[sir_psycho_sexy_BAD]

Separated and in the divorce process.  One of ex's tactics was to file for a restraining order against me.  She requested it "ex parte" but that was denied.  There is a hearing on the matter on the 5th.

However, I haven't been served with anything.  I'm only aware of it because I happened to check the court call which is available online.  Can she get an order against me at this hearing if I haven't been served?

And, aren't I entitled to be served in a timely manner in advance of the hearing, to allow me time to respond to whatever allegations are being made?  I have no documentation to show what she is alleging, just that she filed for the order of protection, that the ex parte was denied, and that there is a hearing on the 5th.  

She is also doing this in another state, over 8 hours away.  

[ocean]

She can probably get at temporary one without you being there. Once she convinces a judge that she should have one, you will be served the Order and then another court date would be set for you to tell your side (by me, it was about 2 weeks after the temporary order). I did not deal with out of state so not sure about that....Good luck!

[sir_psycho_sexy_BAD]

Ok, but what you're talking about sounds like "ex parte", which she tried to do.  (tried to convince the judge that there was enough of a threat to put an order in place without my awareness)  This was not granted.  The hearing on the 5th is the one where I would supposedly tell my side....however, I'm skeptical about what happens if she can't prove that I was served.

[Cookiemomma4]

(Please note: this is cookiemama4's sig. other.)
My estranged tried that too, only found out because she has a tendency to run her mouth.
Depending on what she is saying you probably have more documentation than you think.  Best thing to do IMHO is to call this court, advise them you have not been served with anything and if you wish to defend against the charges or whatever they call them you should have some time to do this.
Good luck.

[sir_psycho_sexy_BAD]

I've also left a detailed message for an attorney in that area whom I've been corresponding with, and whom will likely represent me in the divorce.

Also trying to find out....if her complaint is completely frivolous, am I entitled to any sort of court costs or attorney fees?

[Cookiemomma4]

Just for clarification, this is Cookiemomma again...
To answer your question, we could only wish.  In most cases the best you can hope for is that they don't charge you with the fee for the PFA!  How stupid is that!  You could go after her in small claims court for the cost to you...but that will be more time and money and with little payback unless she has some "cash to spare."  
There are supposidly laws to protect you from such false claims and outright lies but good luck trying to get anyone to prosecute it!  Good luck to you.

[determined]

In your response (assuming you eventually get served), you indicate that the charges are not only without merit, but outright frivolous and you request the court to award you attorneys costs (plus your travel expenses).  In MA, they regularly would award such to a mother, but never a father; but it doesn't hurt to put the issue on paper as it undoubtably will reoccur if she is never called for it.

[determined]

Don't get comfortable.  The standard approach is to simply lie and state that they attempted to serve you and that they could not contact you.  It ends up little more than the Judge's capricious call on what she will accept as justification.

[sir_psycho_sexy_BAD]

Update:  I have still not been served and the matter was simply continued.