Legal Question in Civil Litigation in California

Re: retraining order

Thank you for your posted inquiry.

Most attorneys use a professional registered process server to serve court documents. A process server completes a "proof of service" which is then filed or presented to the court, proving that she was served. You may also be able to use the county marshall's office to accomplish this.

I hope that this information helps, but if you have more questions, want more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. Best of luck, and I�m happy to help you in any way that I can.

Re: retraining order

I think you're getting "the court" confused with "the process server" probably meaning the Sherriff. The court cannot hear your petition until the woman is served with the summons. That is correct. You have filed your petition so you keep making your court dates and ask for continuances until you get her served. Now, as to the process server. I don't understand why the process server (probably the sherriff) won't take the thing to completion but it happens a lot. I suggest you pay another $50.00 to a real process server (not the sherriff) and talk it over with them and let them know they will probably have to post and serve or publish in the newspaper and serve. This will cost you the price of the newspaper add which has to be published three times. That's your only problem. You have not served the woman yet. Talk to a professional process server and they will do it for you. Don't try to do it yourself. It's way too complicated in a case where the person is avoiding service or who has actually moved.

Re: retraining order

Sorry, but not really certain.