Difficulty serving papers.

[spanoodles]

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

I am new to this entire process of going through a restraining order and have already fallen behind the serving step. I went to the hearing, explained to the court that my ex is homeless and basically on the run, and they only gave me an extension. How am I possibly supposed to serve someone who does not have a physical address, won't respond to any of my friends to find out where he is staying, and just overall is working so hard to avoid me because he knows about the order? I've considered just having the sheriff serve him but from some research, I have read that I must provide a physical address for him to be served. He has no job and he refuses to contact his local family members due to control issues. I have my next hearing within a week and a half and I just really want to get this bull**** over with...

Any suggestions?

 

[sandyclaus]

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

I am new to this entire process of going through a restraining order and have already fallen behind the serving step. I went to the hearing, explained to the court that my ex is homeless and basically on the run, and they only gave me an extension. How am I possibly supposed to serve someone who does not have a physical address, won't respond to any of my friends to find out where he is staying, and just overall is working so hard to avoid me because he knows about the order? I've considered just having the sheriff serve him but from some research, I have read that I must provide a physical address for him to be served. He has no job and he refuses to contact his local family members due to control issues. I have my next hearing within a week and a half and I just really want to get this bull**** over with...

Any suggestions?

A restraining order requires that the defendant be served with actual notice, in order to provide that person with an opportunity to defend against the issuance of the order. In California, it's one of the processes that require PERSONAL service - whether by a sheriff's deputy, or another process server.

It's not the court's job to serve the defendant, it's YOURS. If you can't serve them notice of the hearing, the court isn't going to issue the order. It would be different if the defendant were served and just decided not to appear to defend themselves, but in your situation, that won't be the case.

If this guy is working so very hard to avoid you, isn't that the whole point? If he's already doing that, then you won't need a court order to force him to do what he's already doing for himself.

 

[latigo]

A restraining order requires that the defendant be served with actual notice, in order to provide that person with an opportunity to defend against the issuance of the order. In California, it's one of the processes that require PERSONAL service - whether by a sheriff's deputy, or another process server.

It's not the court's job to serve the defendant, it's YOURS. If you can't serve them notice of the hearing, the court isn't going to issue the order. It would be different if the defendant were served and just decided not to appear to defend themselves, but in your situation, that won't be the case.

If this guy is working so very hard to avoid you, isn't that the whole point? If he's already doing that, then you won't need a court order to force him to do what he's already doing for himself.

Well there is another bit of vacuousness you can add to your insomnia remedy.

The woman knows very well that personal service upon the respondent is required. Why else would she be asking for suggestions as to how to locate the bum?

Moreover, there isn't a word in her posting requiring your "schoolmarm" rebuke that “its not the court's job"! Did she ask if it was the "court's job"?

Nor do you have any legitimate right to be lecturing her on the alternatives to seeking the protective order.

It just might occur to someone besides you that the respondent is purposely avoiding the service of process and yet has no intentions of avoiding her!

 

[single317dad]

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

I am new to this entire process of going through a restraining order and have already fallen behind the serving step. I went to the hearing, explained to the court that my ex is homeless and basically on the run, and they only gave me an extension. How am I possibly supposed to serve someone who does not have a physical address, won't respond to any of my friends to find out where he is staying, and just overall is working so hard to avoid me because he knows about the order? I've considered just having the sheriff serve him but from some research, I have read that I must provide a physical address for him to be served. He has no job and he refuses to contact his local family members due to control issues. I have my next hearing within a week and a half and I just really want to get this bull**** over with...

Any suggestions?

Find out where he is. Hire a pizza guy to walk around with a piping hot pizza, calling out "pizza for (name)". When the respondent answers, pizza guy serves him. Just don't forget to have him fill out the proper proof of service forms. There are any number of other tricks to get the job done. There are private process serving companies that will help you.