emergency DV restraining order and custody

[lostmom84]

I'm in CA my exbf stole my vehicle trying to run me over after attacking me and almost hitting our newborn son with my house keys I currently have a temporary restraining and custody order but am having trouble locating him to serve him, the sheriff's office has been trying for a month went to court and I now have 20 days to serve him until the next court date. from what I've heard from my ex and others is that he left the state. what can I do to serve him? what are my options to keep my son and myself safe? he knows that I am trying to serve him and is running from it. am I able to get sole custody if I'm unable to find and serve him?

 

[CdwJava]

There are alternative methods of service including publication in periodicals of general circulation (for the custody papers you might want to check with your attorney or a process service agency). However, if he is gone and out of state, that's outstanding! The further away he is, the better off you'll be!

As for custody, just keep pressing and seek an emergency custody order. If he is on the run and avoiding prosecution, that should make it a no-brainer to get an emergency order for custody.

I presume there is a criminal case pending? If so, and a warrant is issued for his arrest and he is arrested, then you can go back and seek a new TRO then - and serve him with any custody order modification if it is even necessary by then. A court is likely to issue a criminal protective order in such a case, anyway.