Legal Question in Civil Litigation in California

Tried 5 times to serve a "Notice of Hearing and Temporary restraining Order" and defendant won't leave home or answer door. What Should I do?


Asked on 9/01/10, 6:59 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Hire a professional process server (not the sheriff).

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Answered on 9/06/10, 7:15 pm
Anthony Roach Law Office of Anthony A. Roach

Hopefully you are not attempting the serve the papers yourself if you are the party seeking the protective order. The process server should make an attempt to serve the person in another location, in public. You are only limited by your imagination. It can be at their employment, where they are shopping, when they appear for another court matter, et cetera.

There is a procedure for a party to be served by the sheriff if they barricade themselves in a house or dwelling, but it is pretty severe.

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Answered on 9/07/10, 5:53 pm


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