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Cowgirl Lawyer
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Experience:  Attorney for 22 years. General Practice, Labor/Employment, PI, WC, Criminal, Family.
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About restraining orders. If the person that is supposed to ...

Customer Question

About restraining orders. If the person that is supposed to be served can't be served for whatever reason what can the plantiff do then? what will happen at court.
Submitted: 8 years ago.
Category: Legal
Expert:  Cowgirl Lawyer replied 8 years ago.
The person attempting to have the restraining order served will first have to attempt personal service. Typically, a process server or police officer would attempt service. If the person to be served could not be found on the first attempts, then any person over the age of 18 who is not named in the R.O. could perform the service.

If the person being served refused to take the papers, or tore them up, service is still valid under California law.

Also, in many instances, a court will issue a temporary restraining order in the absence of personal service on the defendant.

Good luck to you!

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Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.

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