Legal Question in Family Law in California

Can a domestic violence restraining order be sub served. We have made many attempts (more than 10) Sheriffs have also tried.


Asked on 3/23/11, 7:58 pm

3 Answers from Attorneys

Derrick Taberski Law Office of Derrick J. Taberski

Not advisable. Get a better process server. The restrained person should have actual notice of the order because you can get better enforcement of the order if the person breaks the order. One of the elements of contempt is actual notice and if you serve his dog (or some other sloppy service) how can you even begin to enforce it?

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Answered on 3/23/11, 8:25 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Taberski. You want the restrained person to be personally served, otherwise they may have an excuse to get out of contempt proceedings later by claiming they do not have notice of the order.

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Answered on 3/24/11, 9:00 am
Arlene Kock Law Offices of Arlene D. Kock APLC

I believe the court requires personal service. Be sure to work with a reputable PI or process server experienced with these difficult process service cases.

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Answered on 3/24/11, 10:50 am


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