Legal Question in Family Law in California
How do I serve divorce papers with a restraining order and no address!
I would like to file for a divorce. However, I have two issues. My partner has a restraining order against me and will not give me the address to have them served. Can a court obtain that information and serve the papers for me?
2 Answers from Attorneys
Re: How do I serve divorce papers with a restraining order and no address!
No, it is not within the purview or scope of the Court's duties to find, locate or even to serve a party to a proceeding for that matter. However, there are various private investigative ways you can locate your ex's address and other relevant contact information. if you would like such assistance, contact us today.
Re: How do I serve divorce papers with a restraining order and no address!
The restraining order should have an address for her attorney, or is she is representing herself an address where whe can be reached. Her attorney would probably work with you to have her served through the attorney's office. If she represents herself and her address is confidential then request that the court clerk mail her a copy of the petition for dissolution and a Waiver of personal service and acknowledgement of service. If necessary you can request that the court make an order that she can be served by publication.