If you want to get a restraining order on someone for whatever, can you notify that person by phone that they are to be in court on a certain day and leave this message on their answering machine that "You have been served"? What if they are out of town and don't get that message untill after the court date?
2006-07-23 21:28:26 · 11 answers · asked by richg2524 2 in Politics & Government ➔ Law & Ethics
Service is the legal notification of court proceedings. In criminal matters (such as a restraining order), service is handled by the courts. In civil matters (landlord eviction, suing someone), service is handled by the complaining party.
Service is performed in one of several ways and each involves serving court documents (not just telling them they need to appear).
1. In person by a disinterested party or sheriff who signs an affidavit of service for inspection by the court.
2. Certified mail with signature to the person's residence or place of employment.
3. Service by publication properly approved by the court in local newspapers.
4. Service by fax followed by service by mail
First, the person seeking the restraining order files a petition. Then the court attempts service of the other party so that he or she may answer at a hearing. Then both parties make their case at the hearing and the judge makes a ruling.
It is possible for the judge to issue a temporary restraining order with a term that expires at the date of the hearing, or later date if the petitioner's safety is at risk.
2006-07-24 04:43:53 · answer #1 · answered by Discipulo legis, quis cogitat? 6 · 1⤊ 1⤋
Benjamin is close, but not entirely correct.
The service requirements for a Restraining Order, (whether a Protection from Abuse order or a civil restraining order in another type of case), vary from state to state. In almost all cases, however, they require personal service for the Court to enforce them with contempt and/or criminal proceedings.
There are also multiple "flavors" of restraining orders. The Protection from Abuse/Stalking orders generally have criminal sanctions imposed for violating them. I.e. the police will arrest and it is a crime to violate them. A restraining order in most other types of cases is usually punishable by contempt, but law enforcement usually will not enforce unless there is a specific order from the Court for them to do so.
Since all states are different, you need to talk to an attorney admitted in your state. He/she can advise you on the answer and how to proceed further. If you don't know an attorney, contact your local or state bar association.
2006-07-24 05:23:31 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
The process is as follows...
1. You file for a personal protection order through your local court system.
2. Your local court system will ensure that the offending party is notified.
3. You are in violation of the PPO if you contact the offending party.
2006-07-23 21:32:54 · answer #3 · answered by opalescent_angel 5 · 0⤊ 0⤋
No, they do not have to go to court for a restraining order. All you have to do is go talk to the judge/police. There is no Court "date" for something like restraining orders.
2006-07-23 21:30:38 · answer #4 · answered by DL 6 · 0⤊ 0⤋
Go to Family Protective Services and go through their process. Opalescent is correct - they will take care of the rest. They do have to be served, yet no they don't have to show up for court in order for you to get it enforced.
2006-07-23 21:36:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The sheriff's department notifies them of the court date.
2006-07-24 01:05:28 · answer #6 · answered by Jenny A 6 · 0⤊ 0⤋
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2016-12-10 14:35:35 · answer #7 · answered by ? 4 · 0⤊ 0⤋
RO must be served, in person, to the person involved.
2006-07-23 21:32:29 · answer #8 · answered by auroralee35 2 · 0⤊ 0⤋
don't communicate with them at all they will get papers, otherwise you are violating the order
2006-07-24 08:44:17 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Ask your (public) defender.
2006-07-23 21:31:13 · answer #10 · answered by · 5 · 0⤊ 0⤋