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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26840
Experience:  Active member of the NYS bar since 1989
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My neibor got a restraining order to get her husband out of

Customer Question

My neibor got a restraining order to get her husband out of the house day before yesterday because he is physically and emotionally abusive and she has three children living in the home. Her daughter is retarded. She has been unable to serve the order and is looking for someone she knows to go over and do it and everyone is reluctant because he is unstable and may retaliate. Yesterday, she had an officer attempt to serve it and he was not home so the officer told her when he came home to call them. She did and and another officer on duty told her "They don't serve those to get someone else to do it." I am just wondering first if this even possible for the police to tell her to take a hike given his history he will no doubt go off as soon as he is served and become irrational and who knows what can happen. I would never serve this man without the presence of a police officer to escort him safely off the property. We live in a place called Discovery Bay CA it is in the county of Contra Costa and patrolled by the sheriff's office that comes from Martinez. She did not get a fee waver because she was told she did not need one they would serve it for her without a waver.
Submitted: 11 months ago.
Category: Legal
Expert:  Zoey, JD replied 11 months ago.

As a party to the action, you cannot serve him yourself. Service wouldn't be proper. But you can call a professional process server, and he can get the job done if the police won't help.

Customer: replied 11 months ago.
She does not have any money for that kind of thing that's why she was going to do a fee waver until they told her she did not need one. I think it is not right for the police to tell her they will not help her given how dangerous it is for someone else to do so. Are you sure they can deny doing this for her?
Expert:  Zoey, JD replied 11 months ago.

Police don't have to serve a defendant. They frequently will, but it's not their job. Call again. Maybe whoever you get this time will be as cooperative as the first officer.

Expert:  Zoey, JD replied 11 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.