Legal Question in Criminal Law in California

My wife had a restraining order placed against her but she didn't go to the court date. I believe the Sheriff has been trying to serve her since then. The sheriff came by today and attempted to have my 17 yr. old step-daughter let him the house. When she refused, he was rude and used profanity. Does that matter at all? My real question is, is it necessary for him to serve her directly or can he place the papers in our front screen door? He put them in the screen door, fyi.


Asked on 5/19/10, 9:01 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Your hillbilly approach to practicing law illustrates the dangers in representing yourself. When your wife did not go to the hearing, the judge most likely issued an order after hearing, restraining your wife. In other words, your wife defaulted. The restraining order is not effective unless it is personally served. If you wife was there, and refused to take the papers in her hand, the fact that she was there and aware of the service is sufficient service. If you keep making an issue out of being served, the Sheriff can get a court order to break your door down and serve her in the dwelling. That would be real stupid for you to push, because then he can arrest you for anything illegal he finds within plain view, smell, etc. I suggest you get caught up to the rest of America here in the 21st century, and act responsible.

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Answered on 5/24/10, 9:50 am


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