Legal Question in Family Law in California

Can attorney be served if party evading?

Can a party's California attorney can be served for a party if that party is out of state and evading service of a domestic violence restraining order (ie: which requires ''personal service'') and/or child support arrearage notifications (which require personal service or certified mail)?


Asked on 8/24/03, 11:48 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Can attorney be served if party evading?

If a judgment has not been entered, then the attorney can be served with the child support issues, but not the DV restraining order, assuming he has appeared in the legal action as the other parties attorney. If this is post judgment, then there must be personal service on the other party, however, personal service can be by first class mail (CCP 1013a) and does not need to be hand delivered. Good Luck, Pat McCrary

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Answered on 8/25/03, 10:58 am


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