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  #1  
Old 10-24-2009, 08:17 PM
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Question

Two questions about serving someone and protection order


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

I have a temporary protection from abuse order filed against my ex for myself and my son. I have been going to court for the past few months to try and get it permanent. However they cannot serve him because he moved out of the blue. This last court date he did not show up again although he knew when it was since he was texting my sister. He said that his lawyer told him not to go. The judge told me that if I do not get an address for him and get him served then he does not see the point in continuing it. He finally gave my sister an address, however I am worried it is still not correct.

How can I actually find him and get him served?

Can the court throw out my case because they cannot get him served?
  #2  
Old 10-24-2009, 11:23 PM
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Quote:
Originally Posted by kskattie View Post
What is the name of your state (only U.S. law)? Kansas

I have a temporary protection from abuse order filed against my ex for myself and my son. I have been going to court for the past few months to try and get it permanent. However they cannot serve him because he moved out of the blue. This last court date he did not show up again although he knew when it was since he was texting my sister. He said that his lawyer told him not to go. The judge told me that if I do not get an address for him and get him served then he does not see the point in continuing it. He finally gave my sister an address, however I am worried it is still not correct.

How can I actually find him and get him served?

Can the court throw out my case because they cannot get him served?
They may serve him at the last known address - the sister's address is the last one he gave the court, yes?

That will count as service if they go ahead and use that - he can't really complain if he does turn up unannounced and is subsequently arrested.
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  #3  
Old 10-25-2009, 02:39 PM
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They have tried serving him at the address I provided where he was living with his mother, however no one answers. He gave MY sister another address through text. They won't actually count him as served unless an officer from Jackson Co. Mo, where he is located, says that they served him.
  #4  
Old 10-25-2009, 04:05 PM
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Quote:
Originally Posted by kskattie View Post
They have tried serving him at the address I provided where he was living with his mother, however no one answers. He gave MY sister another address through text. They won't actually count him as served unless an officer from Jackson Co. Mo, where he is located, says that they served him.
So give the court the address he gave your sister. Go from there. Or perhaps have him served via his attorney...that's also possible but you'll have to check on that too.

(and double-check the local requirements - personal service is not usually mandatory in cases like this)
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
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