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Question

restraining orders: needs to be served to this person and she refuses to answer the door and states that if she doesnot receive the order to report to court that the judge will demiss the restaining order. Is this true and can I now have the police sevre her?

Submitted: 18 days and 23 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: California

Already Tried:
filed the restraining order yesterday, we had her notified by phone message left (by a friend) and he knotted on her door, she didn't answer the door, that she would have to appear at court today. Today she didn't come, the judge gave a date of next week and stated she would have to be served. What can we do now?

Posted by D. WINOGO ESQ. 18 days and 23 hours ago.

Answer

You need to coall the local police or sheriff department and ask them to serve the restraining order for you. They can/will do so for free. They will knock on the door, and the woman to be served will answer the door because it is the police at her door. If she does not take the papers from the officer, they can simply leave it on her doorstep and file an affidavit of service stating that they left it with her because she refused to personally hand accept the papers. This should be sufficient for the court.

18 days and 23 hours ago.

Reply

My question asked: If she doesnot come to court next week, will the judge dismiss the restaining order (as she states) or will we have an restaining order aganist her?

Accepted Answer

You can have the police serve her, and if they do and are able to produce proof of service for the court, then the court will issue the restraining order next week even if the other woman refuses to personally appear.

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Expert: D. WINOGO ESQ.
Pos. Feedback: 98.5 %
Accepts: 
Answered: 11/4/2009

Attorney

8+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator

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