I need to serve a restraining order on my ex within the next day or so. He is refusing to come to the door when anyone tries to serve it. Can I have the person that is serving it leave it in his mail box if he dosent come to the door or can they give it to his roommate?? What are the legal ways that I can serve him if he is refusing, I dont know where he works to serve it there.
2006-07-29 09:32:58 · 14 answers · asked by mojogirl127 1 in Politics & Government ➔ Law & Ethics
Well I had no time to go to the sheriffs office...This was done with a short time frame. Can I have a friend try and serve it and if he refuses to take it or come to the door, leave it in the mail box and tell the judge exactly what happened? Can that be valid
2006-07-29 10:00:25 · update #1
The police can serve him with it, and they should be the ones serving it on him anyway since it is a restraining order. If he doesn't get served with it, it is still valid, and if they mail it to him, then they can consider it served.
2006-07-29 09:36:31 · answer #1 · answered by Julia L. 6 · 0⤊ 0⤋
Certified Mail or Registered Mail require a signature. Also ask the post office about Restricted Delivery. Only the addressee can sign for Restricted Delivery. No one can sign on their behalf. The problem with this approach is, if they know what it is and are avoiding service, they will refuse to sign for the mail. It is possible to hire someone to 'camp out' outside the house an serve them as soon as they leave. If they never leave the hose, they can't violate the restraining order. Also, carry a copy of the order with you at all times. If they ever approach you, you can serve it in person.
2006-07-29 10:56:30 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
You kinda gotta stalk him. With a regular process service(in California) after three attempts you can mail it. In any case, try to have witnesses so he can't deny he was served. If the time frame runs out, you may have to refile. Call the local Bar Association and get some real legal advice.
2006-07-29 09:41:30 · answer #3 · answered by Dutch58 3 · 0⤊ 0⤋
Well a restraing order should always be served by a Sheriff Deputy or a court offical never by the person who requested it or someone they know.
2006-07-29 09:38:23 · answer #4 · answered by ejholle1 3 · 2⤊ 0⤋
You can hire a server for as little as forty dollars. I'd ask a legal clearing house for the name of a process server.
You can then give the server an address and time to conveniently find him.
Everybody has a routine that they follow. Since you are his ex, you know that routine, I bet.
Have the server catch him at his favorite coffee shop, lunch counter, bar, etc.
2006-07-29 09:40:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋
By certified mail . He will have to sign for it at the post office. Or a cop can deliver it to him at work or in public. PS. I cant believe your local sheriff wont deliver it for you isn't it kinda dangerous. I think you should speak with the states attorney.
2006-07-29 09:39:47 · answer #6 · answered by Anonymous · 2⤊ 0⤋
I believe if he refuses to accept it you can go back to court and have it served by an officer who will Make sure he receives it/
2006-07-29 09:49:36 · answer #7 · answered by ChrissyLicious 6 · 2⤊ 0⤋
The police are able to serve your ex. You can go to the police station and give them the paper work and tell them he needs to be served......
2006-07-29 09:37:26 · answer #8 · answered by K-Lynn 2 · 1⤊ 0⤋
Whoever ordered the restraining order, it is there duty to see that he gets it..It has to be hand delivered to him, or else it is not binding..You cannot mail it to him, or any other way delivered. IT must be hand delivered to him, in person..
2006-07-29 09:41:24 · answer #9 · answered by Anonymous · 2⤊ 0⤋
well you will need to get creative. follow him to where he works. If you want him served bad enough you'll have to do a little leg work.
2006-07-29 09:36:58 · answer #10 · answered by Anonymous · 0⤊ 0⤋