3rd time trying to serve restraining order papers what should i do now?

[wanderingstar00]

What is the name of your state (only U.S. law)? California

I have restraining orders that need to be served to my ex-boyfriend. the police have tried to serve him once at his house and once at his job and could missed him everytime. I do not know if the people around him are lying to the police and saying he is not there when he really is there or what is going on. This 3rd time I was planning on having my grandfather go to his job (starbucks) with a police officer to serve him the papers but I am not sure what time or days my ex-boyfriend will be working this week and i'm scared to call and his co-workers cover for him again. Other than using a process server is there any way or advice in how I can serve him the papers or find out a way in where he will be at. Or if I do have to use a process server, do you suggest any good ones in the los angeles area. I could not sleep last night that well because I kept thinking about what I could do and get this over with so I can move on with my life. I want to call at his work and ask when he works but do you think I can even do that? And can a police officer go with my grandfather to his job or home to serve him the papers because my ex-boyfriend is very violent. Please help, any advice on how I can take care of this matter?

 

[CourtClerk]

First of all, the LAPD is not going to serve a restraining order, nor is any other run of the mill city police department, that's not their job and they aren't going to file the proof of service. That's for the civil service division of the Sheriff's department to do.

Second, we don't give referrals to process servers, but there are a ton of good ones in the LA area... you just have to find them.

 

[wanderingstar00]

First of all, the LAPD is not going to serve a restraining order, nor is any other run of the mill city police department, that's not their job and they aren't going to file the proof of service. That's for the civil service division of the Sheriff's department to do.

Second, we don't give referrals to process servers, but there are a ton of good ones in the LA area... you just have to find them.

obviously that is what i meant to say sheriff not police officer. and my grandfather was going to give the papers to ex-boyfriend. i bet you rolled you eyes there. is there a way i can find out a way to find him so I will not be running around doing this for the rest of the year. should i just call his work and ask when he works. i really need true advice or should i just give up and forget about it? is there anyway i could have a police officer or sheriff call his job and find out when he works next time?

 

[CdwJava]

You can ask his employer about his work schedule, but they are under no legal obligation to give that information to anyone - even the police.

If your sheriff's department has a civil division that serves these documents, you can go through them. Or, you can pay a process server.

As Court Clerk mentioned, local law enforcement is not going to serve these papers. And, unless the ex's place of work or residence is in Mayberry, the police may well be too busy to arrange for a civil standby as grandpa serves the ex. Such a call could see your grandfather waiting two or three hours for the officer to show up.

Remember, he doesn't have to touch the papers, all that has to be done is that he is made aware of them.

"Johnny Doe, you've been served. Here is your copy of the court order. Have a nice day."

Then your grandfather can just slap the papers on the counter at Starbucks and be done with it. Even if Johnny runs into the back room,. service is done - and there will be plenty of witnesses. Same is true at home - tell him what the papers are and that he has been served. They can then be left in front of the door. As long as the server can testify that the person listed on the papers was given notice in person (i.e. served) then it should be okay.

- Carl

 

[wanderingstar00]

Remember, he doesn't have to touch the papers, all that has to be done is that he is made aware of them.

"Johnny Doe, you've been served. Here is your copy of the court order. Have a nice day."

Then your grandfather can just slap the papers on the counter at Starbucks and be done with it. Even if Johnny runs into the back room,. service is done - and there will be plenty of witnesses. Same is true at home - tell him what the papers are and that he has been served. They can then be left in front of the door. As long as the server can testify that the person listed on the papers was given notice in person (i.e. served) then it should be okay.

- Carl

do you think leaving a voicemail message and letting him know about the restraining order and him being served is the same as notifying him about this? and then I could leave it on his doorstep? will that work and still count as serving the papers to him and notification? or should I serve the papers at his job so witnesses will be around? what do you think is the best thing to do? and how will i be able to prove or show to the court that I 'was' able to serve him if I am able to give him the papers? thank you for your help so far.

 

[CourtClerk]

You can ask his employer about his work schedule, but they are under no legal obligation to give that information to anyone - even the police.

If your sheriff's department has a civil division that serves these documents, you can go through them. Or, you can pay a process server.

As Court Clerk mentioned, local law enforcement is not going to serve these papers. And, unless the ex's place of work or residence is in Mayberry, the police may well be too busy to arrange for a civil standby as grandpa serves the ex. Such a call could see your grandfather waiting two or three hours for the officer to show up.

Remember, he doesn't have to touch the papers, all that has to be done is that he is made aware of them.

"Johnny Doe, you've been served. Here is your copy of the court order. Have a nice day."

Then your grandfather can just slap the papers on the counter at Starbucks and be done with it. Even if Johnny runs into the back room,. service is done - and there will be plenty of witnesses. Same is true at home - tell him what the papers are and that he has been served. They can then be left in front of the door. As long as the server can testify that the person listed on the papers was given notice in person (i.e. served) then it should be okay.

- Carl

I would just like to say that restraining orders fall under some of the very few exceptions of paperwork that can be served by the average Joe. Grandpa can't serve the restraining order.... service won't be valid.

 

[CourtClerk]

do you think leaving a voicemail message and letting him know about the restraining order and him being served is the same as notifying him about this?

Not only do I not think it, it's not valid.

and then I could leave it on his doorstep?

Nope

will that work and still count as serving the papers to him and notification?

Not even close

or should I serve the papers at his job so witnesses will be around?

Not that either.

what do you think is the best thing to do? thank you for your help so far.

You should hand it to the Sheriff's department (and not by calling the local sheriff's department) and have them serve the papers. Again, the local police department OR your local sheriff's department is NOT going to serve these papers. That is the SOLE responsibility of the civil service division of the Los Angeles County Sheriff's, not the local stations.

 

[wanderingstar00]

Not only do I not think it, it's not valid.

Nope

Not even close

Not that either.

You should hand it to the Sheriff's department (and not by calling the local sheriff's department) and have them serve the papers. Again, the local police department OR your local sheriff's department is NOT going to serve these papers. That is the SOLE responsibility of the civil service division of the Los Angeles County Sheriff's, not the local stations.

so pretty much i should just give up and let him get away with punching me in my face and choking me on the bed. this will be the 3rd time he will be tried to be served, 1st time 3times at his home he was not there, 2nd time 3times at his job he was not there, and now this will be the 3rd time. there is no justice at all with domestic violence cases and the state, police, nor government gives a damn about the abused one. there is no justice at all.

 

[CourtClerk]

so pretty much i should just give up and let him get away with punching me in my face and choking me on the bed. this will be the 3rd time he will be tried to be served, 1st time 3times at his home he was not there, 2nd time 3times at his job he was not there, and now this will be the 3rd time. there is no justice at all with domestic violence cases and the state, police, nor government gives a damn about the abused one. there is no justice at all.

Ummm...whatever you say

 

[CdwJava]

I would just like to say that restraining orders fall under some of the very few exceptions of paperwork that can be served by the average Joe. Grandpa can't serve the restraining order.... service won't be valid.

Sure it will. What makes you think that he cannot serve the order?

Unless grandpa is covered by the order, he can serve it.

According to the DV 110, the DV 210 and the other forms, the server must be 18 or older and not covered by the order. How does that exclude grandpa?

Oh, and wanderingstar00, the phone message is not good service.

- Carl

 

[CourtClerk]

Sure it will. What makes you think that he cannot serve the order?

Unless grandpa is covered by the order, he can serve it.

According to the DV 110, the DV 210 and the other forms, the server must be 18 or older and not covered by the order. How does that exclude grandpa?

Oh, and wanderingstar00, the phone message is not good service.

- Carl

Because the code is going to be soon changing (if not changed already) because of all the "false" services and because of the CLETS entries that need to be made. Courts are leaning towards RPS and the SD on doing service because of the (1) severity and (2) courts being able to do something if a RPS faking paperwork.

More to come as the CCP is quickly changing in the next couple of weeks. Lots of new legislation being handed down and mid year policy changes...

 

[CdwJava]

so pretty much i should just give up and let him get away with punching me in my face and choking me on the bed.

Who said that?

All anyone has said is that service of the TRO has to be done a particular way to conform with the law.

Then, of course, the police can still do whatever they will do if you reported his battery upon you to the police. Uh ... you DID report this battery to the cops, right?

this will be the 3rd time he will be tried to be served, 1st time 3times at his home he was not there, 2nd time 3times at his job he was not there, and now this will be the 3rd time. there is no justice at all with domestic violence cases and the state, police, nor government gives a damn about the abused one. there is no justice at all.

Wow! And here we have people all over this site whining that the system is so biased against male suspects!?

wanderingstar00, the system is actually tilted very much in favor of the female victim. But, the law must be adhered to. A report to the police must be made if a person is to be prosecuted, and the law must be followed for service. How would YOU like it if someone filed a TRO against you and you never had a chance to learn about it?

- Carl

 

[CourtClerk]

wanderingstar00, the system is actually tilted very much in favor of the female victim.

As a female...especially working where I work. I cannot agree more.

 

[CdwJava]

Because the code is going to be soon changing (if not changed already) because of all the "false" services and because of the CLETS entries that need to be made. Courts are leaning towards RPS and the SD on doing service because of the (1) severity and (2) courts being able to do something if a RPS faking paperwork.

More to come as the CCP is quickly changing in the next couple of weeks. Lots of new legislation being handed down and mid year policy changes...

Hasn't changed, yet.

So, the OP will be held to the current legal standard.

If the standard changes to professional service, then I can see a lot of orders not getting served as many people who obtain these orders cannot afford professional service, and let's be blunt - most sheriff's civil divisions do not try all that hard to serve these orders. We have one deputy assigned to serve these in my county, and he also has to serve other court papers and serves as a bailiff twice a week. They pass them off to patrol deputies occasionally, but more orders go unserved when they rely on the county to serve them. And since that fee can be waived, there really no incentive to increase staffing in that division.

I suspect the law of unintended consequences will come into play here, and many orders will go unserved and, thus, more TROs will be dropped as a result.

- Carl

 

[wanderingstar00]

You can ask his employer about his work schedule, but they are under no legal obligation to give that information to anyone - even the police.

If your sheriff's department has a civil division that serves these documents, you can go through them. Or, you can pay a process server.

As Court Clerk mentioned, local law enforcement is not going to serve these papers. And, unless the ex's place of work or residence is in Mayberry, the police may well be too busy to arrange for a civil standby as grandpa serves the ex. Such a call could see your grandfather waiting two or three hours for the officer to show up.

Remember, he doesn't have to touch the papers, all that has to be done is that he is made aware of them.

"Johnny Doe, you've been served. Here is your copy of the court order. Have a nice day."

Then your grandfather can just slap the papers on the counter at Starbucks and be done with it. Even if Johnny runs into the back room,. service is done - and there will be plenty of witnesses. Same is true at home - tell him what the papers are and that he has been served. They can then be left in front of the door. As long as the server can testify that the person listed on the papers was given notice in person (i.e. served) then it should be okay.

- Carl

didn't you not say this? but now you are saying my grandpa can not do this now and it won't count? so which one is it now?