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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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If a proof of service is not filed can a restraining order

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If a proof of service is not filed can a restraining order still be issued
Submitted: 7 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If there is no proof that the respondent has been served, then the court cannot enforce the order against the respondent. However, filing the proof of service is not the requirement, if there is a violation and the petitioner proves that there was service and produces evidence the respondent has been served, then the court may still enforce the restraining order even if proof of service was not filed with the clerk in a timely manner.

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