i went to the courts and filled out a stack of papers and got a temp. order... I took one of the copies to the police department so they could serve the other party, but they can't find that person.... what now?
2006-11-17 14:25:33 · 4 answers · asked by JLO 1 in Politics & Government ➔ Law & Ethics
The harassment case will be dismissed if the complainant cannot be found because it will constitute as failure to prosecute under the Rules of Court.
2006-11-17 14:30:13 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Basic due process rights require that the you serve the TRO and notice of any hearing on your petition in order for the harassment restraining order to be effective. If you can't find the defendant, then you need to hire an investigator to find him or her so that you can get the papers served. Most courts will grant an extension of the of TRO, but you must serve the papers on the defendant.
2006-11-17 23:13:35 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
It depends on what state and/or county you live in.
In many cases, as long as you show up for the court hearing and tell your side of the story (and your witnesses show up, too), a judge will issue a longer protection order (six months to a year).
If you want to be absolutely sure, call the courthouse and ask them what they do if/when the other party can't be found.
2006-11-17 22:40:46 · answer #3 · answered by devil_bunny_99 3 · 0⤊ 0⤋
That person will keep harassing you until he or she is served. But if you know the person full name, or full address, You can look on the Internet under lost person search and find this person. Or amw.com. America most wanted can find this person.
2006-11-17 22:42:01 · answer #4 · answered by omegarussell42 3 · 0⤊ 0⤋