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How to serve papers with protective order in place

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Germanicus

Junior Member
What is the name of your state (only U.S. law)? TX but it concerns AZ as well

My soon to be ex got a protection order against me in another state filled with absolute lies, things I can and will prove are false in court. However, shortly after receiving the order stating I have no contact with her or my children I received the divorce filings. Ok, so no need to try to fight the order since it will now be handed over to the family court as a matter of our contested divorce. I think she did this as a tactic since she know's that I live far away, she took our joint vehicle, I'm disabled and make much much less than her and I'm on probation. The tactic being she can demand whatever she wants in the divorce (which she did, including saying I should have no contact ever with my children again based on the same lies I'm going to prove false in court). Anyways, I digress, my question is what is the cheapest legal way to server her a copy of my response, parenting plan, child support worksheet and all that as required by Arizona law? I've filed out a request for deferment/waiver and am going to get it notarized and mailed tomorrow but I'm worried that if I don't receive a response from them before the deadline (28 days as of writing this) that I'll be forced to send it on my own and thus would love not to have to pay the sheriffs department $200+ to serve it for me. Not to mention I can't afford it, I'm permanently disabled and my income is minimal (my actual legal obligation for child support was actually calculated to be $0 to give you an idea of how poor I am)

Obviously certified mail would be the cheapest means but would this violate the protective order? Would I have to pay the sheriff or a process server or lawyer instead?
 


stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? TX but it concerns AZ as well

My soon to be ex got a protection order against me in another state filled with absolute lies, things I can and will prove are false in court. However, shortly after receiving the order stating I have no contact with her or my children I received the divorce filings. Ok, so no need to try to fight the order since it will now be handed over to the family court as a matter of our contested divorce. I think she did this as a tactic since she know's that I live far away, she took our joint vehicle, I'm disabled and make much much less than her and I'm on probation. The tactic being she can demand whatever she wants in the divorce (which she did, including saying I should have no contact ever with my children again based on the same lies I'm going to prove false in court). Anyways, I digress, my question is what is the cheapest legal way to server her a copy of my response, parenting plan, child support worksheet and all that as required by Arizona law? I've filed out a request for deferment/waiver and am going to get it notarized and mailed tomorrow but I'm worried that if I don't receive a response from them before the deadline (28 days as of writing this) that I'll be forced to send it on my own and thus would love not to have to pay the sheriffs department $200+ to serve it for me. Not to mention I can't afford it, I'm permanently disabled and my income is minimal (my actual legal obligation for child support was actually calculated to be $0 to give you an idea of how poor I am)

Obviously certified mail would be the cheapest means but would this violate the protective order? Would I have to pay the sheriff or a process server or lawyer instead?
I believe that you will need a third party (not a friend/family member) serve her. Is there a reason that you waited until the 11th hour to file for the deferment/waiver?
 

Germanicus

Junior Member
I didn't wait until the 11th hour. I was served via certified mail 3 days ago. I have 30 days to file my response and I don't know what their processing time is like for deferment/waiver via mail.

I know that it has to be third party but I don't know if certified mail would violate the no contact portion of the protective order.
 

stealth2

Under the Radar Member
I didn't wait until the 11th hour. I was served via certified mail 3 days ago. I have 30 days to file my response and I don't know what their processing time is like for deferment/waiver via mail.

I know that it has to be third party but I don't know if certified mail would violate the no contact portion of the protective order.
Sorry - I understood "28 days" to mean you were on the 28th day. My bad.

Yes, I believe cert mail from you would violate the PO. If I am mistaken, I am certain I will be corrected.
 

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