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dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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My daughter has a restraining order against her boyfriend.

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My daughter has a restraining order against her boyfriend. He's due to pick up his belongings while escorted by police. Can he be served at the time he's picking up his belongs by a server?

dkennedy :


dkennedy :

Yes, he certainly can. But, not by your daughter. I would have a professional process server do it. They provide the proper proof to the courts and so on.

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Customer: replied 4 years ago.

The police are due to escort my daughters x bfriend tomorrow into the apartment. She has a restraining order against him for DV. He also has a charge of child endangerment because he held their daughter while hitting my daughter his ex. She just asked me if she can, while the police are their, ask her ex if he would like to hold their daughter as she feels bad that their child hasnt seen each other in over a month. Thoughts?


No, she should not approach him because of the no contact order. She could (if the cops were real aggressive) be arrested for initiating contact. She needs to stay away and not even be in the room with him, if possible.
Customer: replied 4 years ago.

Can she refuse to let him into the bedroom where their daughter is? Shes now moving all his stuff in one pile. Can she open the door and say to the cops, as per my dads advise, im going in the bedroom with my daughter? And can he demand that he not enter the bedroom? They gave him 4 hours which is absurd for a 1000 sq foot apt.

That sounds like good advice. The cops hate to get involved in this and are not going to want to sit around for 4 hours. Tell them that his belongings are all in a pile and the victim and the daughter are in the bedroom and nothing that belongs to him is in the room. The cops will respect that and tell him to pick his stuff up and get going. Sometimes victims want to "make it difficult" by making the perpetrator go through every drawer, etc. trying to find his stuff. Thus--the 4 hours. This is not the case here. His things will be gathered and he does not need to search around for 4 hours. Nor does he need to go into the bedroom. She should make it clear to the cops.
Just as a follow up--it will be very traumatic for the child to be there with police officers, possible inappropriate words being exchanged, and the idea of her father there and she cannot go to him--not a good idea.