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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7454
Experience:  Experienced Family Law Attorney
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I'm going thru divorce and my wife file protection order

Customer Question

I'm going thru divorce and my wife file protection order against me and I want to file motion to allow me to pick up my personal items from my residents. Can I mail her copy of motion and affidavit?
Submitted: 8 months ago.
Category: Family Law
Expert:  LegalGems replied 8 months ago.

If there is a protection order, no communication is allowed, except for that which is specifically delineated in the protective order.

In order for service to be effected, it needs to be personally served by a party that is not involved in the lawsuit pursuant to code 8.01-286.1 here:

http://law.lis.virginia.gov/vacode/title8.01/chapter8/section8.01-286.1/

Many people will hire a process server; others will ask a third party adult to serve the papers.

Generally if there is a protective order, the court will allow exchange of property under supervision of law enforcement, a neutral third party consented to by the parties, or an arrangement whereby the property is left accessible and the other party is not present.

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Customer: replied 8 months ago.
I asked if I mail it or not?! what protective order means and all other things I know and I didn't ask about that.
Expert:  LegalGems replied 8 months ago.

Since the statute requires personal service or service by the sheriff, mail would not be a permitted method of service. I'm sorry - I try to provide as much information as possible as it is impossible to determine what the customer is aware of. Most people are not aware of all the restrictions of a protective order, and since it was mentioned I thought it should be addressed.

But to summarize, no, service via mail is not permitted.

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