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I just got an emerg. restraining order. Sheriff tried to serve but not home. Does he have to abide by it if he doesn't know about it and can I call him and tell I have one and now he has to leave me alone.
I assume you're still in California (disclosed in a previous Q&A). The TRO must be served on the respondent before it is enforceable -- no exceptions. However, if you have a certified copy of the order, and the respondent comes into contact with you, then you can call the police/sheriff and on their arrival, you can show the officer the order, and the officer can then hand it to the respondent, and he will be legally served. Then, if he doesn't leave immediately, the officer can arrest the respondent and take him into custody for violating the TRO. Hope this helps. NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept (or, click on one of the happy smiley faces/stars/etc., if applicable) for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer. And, if you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Thanks! Please Click the following link for IMPORTANT LEGAL INFORMATION.
Is it legally enforceable if they try 3 times and cannot contact him. And should I call him and tell him when the court date is....or have a mutual friend do that. What happens if they can't serve him.....I feel like taking this into my own hands. Problem is I have to drive by his house to make sure he is home first.
If you are the petitioner, you cannot serve the respondent. It must be done by a person 18 years of age or older, who is not a party to the case.No number of failed attempts can cure ineffective service. If the respondent is not at home, but someone else is, and that person is of suitable age, then service can be made on that person (aka "substituted service"). The respondent can also be served at his place of employment -- but, the TRO must actually be handed to the respondent.Worst case, the respondent can be served by publication in a local newspaper -- however, this is a costly option and requires a court order after multiple attempts have failed.The sheriff's office is good for service at a place of employment or where the respondent's activities are relatively easy to track -- because the deputy is not going to go anywhere other than where he/she has been told to find the respondent.For anything else, a private process server is usually preferred, because you can get them to literally sit and wait for the respondent to show up at a particular location.Hope this helps. NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept (or, click on one of the happy smiley faces/stars/etc., if applicable) for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer. And, if you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Thanks! Please Click the following link for IMPORTANT LEGAL INFORMATION.
Experience: Retired (mostly)