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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11455
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I filed restraining order in May of this year. The defendant

Customer Question

I filed for a restraining order in May of this year. The defendant left the country earlier than scheduled (he was visiting on military leave) before he could be served. He is back stateside and I would like to pursue a protective order. Is it possible
given the amout of time that has passed considering he was able to avoid being served
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Afternoon,

Yes it still is possible to serve Him. However it will make it more difficult to obtain the protection order. The statutes for protection orders require reasonable fear of imminent bodily injury. The problem for you will be the imminent portion. Even though it may be difficult to obtain, I would still recommend pursuing as there is still a good likelihood it can be awarded. There's also not much of a downside to attempting to file the petition and see what occurs. The worst case scenario is that it's denied and you are in no worse of a position as if you didn't file at all.

I hope that this information and advice is helpful and I wish you the best of luck in pursuing this matter.