Other Criminal Procedure Officer lied on proof of service

L

LadyRed

Guest
Jurisdiction
California
An Emergency protective order was given to plaintiff. A police officer signed the proof of service for that EPI saying he had personally given plaintiff the papers, however he testified on the stand that actually he had not given plaintiff the paperwork, his supervisor had and he only signed it.

Judge doesn't seem to care.
Does this nullify the service? Seems like it should. Case law examples please?

Tia
 
Judge doesn't seem to care.

Tia

That, my new friend, is the only person's opinion that matters.


Does this nullify the service? Seems like it should. Case law examples please?

Tia

What did the judge rule?

As far as SHOULD, would you be surprised if I told you SHOULD is irrelevant?

Don't be, because it is irrelevant.

Case law isn't going to provide much, if any help in matters of this kind.

If you've been enjoined to stay away from Bobby, Judy, or Jill; simply obey the order.

Trust me, an order of protection isn't tantamount to a murder conviction.

You live your life, enjoy your freedom, stay out of courtrooms, and obey the darn order!

As a judge, I've never issued one over the years that want justified.

The only times I've issued an arrest or contempt order is when the order was violated.
 
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