Restraining Order Hearing Guidance

Summary

In New Mexico, a person must be served with a restraining order before a hearing. If not served, the judge may postpone or dismiss the case. Appearing at the hearing demonstrates willingness to engage and allows you to state on record that you were not properly served. The judge may not have information about your service status unless it is brought up in court. Consult a local attorney for advice tailored to your situation.

Full Conversation

I have a restraining order hearing tomorrow but have never been served
Hello ****, it's essential to know that in New Mexico, a person must be served with a restraining order before a hearing. If you haven't received any papers, be sure to document this fact and present it at the hearing. However, this is general advice and may not fit your specific situation. Consider consulting with a local attorney.
Is the judge allowed to grant any services at the hearing if I haven't been served
In New Mexico, generally:
- A person must be served with a notice before a hearing.
- If you haven't been served, the judge may postpone the hearing or dismiss the case.
- If the case proceeds without proper service, it could be grounds for appeal.
Remember, this advice is general and may not apply to your specific situation.
would it be wise to appear at the hearing even though I havent been served
While it's generally advisable to be present at the hearing, it's crucial to note that:
- It demonstrates your willingness to engage with the process.
- You can state on record that you were not properly served.
- Consult with a local attorney for advice tailored to your situation.
okay. Thank you
You're welcome, ****! If you have any other questions in the future, don't hesitate to ask. Good luck with your hearing.
Will the judge have any info at the hearing about not properly being served
The judge may not have information about your service status unless it is brought up in court. It's important to state on record that you were not properly served. Remember, this is general advice and may not apply to your exact situation.
Thank you again
You're welcome, ****! If you need further legal information in the future, please feel free to reach out. Best of luck with your hearing.