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Attorney & Mediator
Attorney & Mediator, Lawyer
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Experience:  Attorney & Certified Mediator
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Order of protection was filed, reason description non-est.

Resolved Question:

Order of protection was filed, reason description non-est. What does non-est mean?
Submitted: 5 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 5 years ago.
It means that the order of protection was not served, so you will need to attempt service before the hearing date and if you are unable to accomplish services, that hearing date will have to be continued, you would have to reissue the restraining order. The court clerk would have to be informed to reissue.




If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be reproduced without the consent of the owner. Thank you
Customer: replied 5 years ago.

Was it not served because he wouldn't sign it? The original order was served, I think this was the one stating when the hearing is scheduled for. I have received nothing from the court regarding it not being served.

Expert:  Attorney & Mediator replied 5 years ago.
So to clarify, he already got served the Exparte, correct? And this is the Notice of hearing for the full order of protection or have you already had the hearing on the full order?

Customer: replied 5 years ago.
This was the notice of hearing for the full order of protection
Expert:  Attorney & Mediator replied 5 years ago.
The original order that he was served first was only a temporary exparte order. That only lasts 15 days, from there a notice of the hearing for the full restraining order must be served upon him or else the hearing can be continued. So if it is reported as returned non-est, the Sheriff was unable to serve it and you either have to attempt another service before the 21st or go back to the court clerk and request an extention of time to permit service of the notice.

Not sure why you did not get notice regarding the status of this, but if the docket says "returned non-est", then that means it was not served.

If he refused to sign then that means service was not accomplished although generally service of process can be accomplished by face to face delivery without needing signature. You may want to contact the sheriff involved with service to see what happen and see if it can get served again before the hearing date.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be reproduced without the consent of the owner. Thank you
Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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