Service of Process Requirements

[magtwo]

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

My 17 year old daughter has filed a request in a UT court for a Protective Order against me. Long story short, she does not want to comply with court ordered parenting time this summer and her mother supports her, so this is their solution.

I live in CA. What are the requirements for service of process?

Do I need to be served personally? Can legal service be made to my attorney if plaintiff is aware I have one in UT?

The case is scheduled to be heard next Tuesday. Does service have to be made by a certain amount of time prior to the hearing date?

Thank you.

 

[tranquility]

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

My 17 year old daughter has filed a request in a UT court for a Protective Order against me. Long story short, she does not want to comply with court ordered parenting time this summer and her mother supports her, so this is their solution.

I live in CA. What are the requirements for service of process?

Do I need to be served personally? Can legal service be made to my attorney if plaintiff is aware I have one in UT?

The case is scheduled to be heard next Tuesday. Does service have to be made by a certain amount of time prior to the hearing date?

Thank you.

They will get an ex parte order without serving you. Then, law enforcement will serve you. I am uncertain as to the advantage of going this route rather than change the court order. But, because this is a different case or controversy, you need to be served before a permanent order can be had.

 

[Zigner]

Are things really so bad with your almost-adult daughter that she feels forced to attempt to obtain a protective order against you?

 

[magtwo]

Are things really so bad with your almost-adult daughter that she feels forced to attempt to obtain a protective order against you?

Not when we are together. It has more to do with her mother. There has been a lot of alienation over the years. I am not pressuring my daughter at all about coming out. I actually am still in litigation with her mother, so we suspect that this may have been filed by her mother in my daughter's name as retaliation. No other reason for it.

 

[Zigner]

I am not pressuring my daughter at all about coming out.

If that were the case, you would already have told her she doesn't need to come if she doesn't want to.

 

[tranquility]

Not when we are together. It has more to do with her mother. There has been a lot of alienation over the years. I am not pressuring my daughter at all about coming out. I actually am still in litigation with her mother, so we suspect that this may have been filed by her mother in my daughter's name as retaliation. No other reason for it.

If there is no evidence of a reason why such an order is needed, why bother? The most she could hope for is to forestall a trip that was supposed to happen in the next couple of weeks. If they had evidence, they could go to the judge in charge of litigation with an emergency motion with service to your attorney.

 

[magtwo]

They will get an ex parte order without serving you. Then, law enforcement will serve you. I am uncertain as to the advantage of going this route rather than change the court order. But, because this is a different case or controversy, you need to be served before a permanent order can be had.

Thanks. Her mother is using this as a tool because she cannot get the court orders changed; custody and visitation were heard and ruled on years ago, and nothing has changed to warrant changing the order. Even if she did, she'd lose the child support I am scheduled to continue paying until my daughter graduates high school next May.

So I don't need to be served, and it can still be heard, but a permanent order cannot take effect until I am served, is that right?

 

[tranquility]

Thanks. Her mother is using this as a tool because she cannot get the court orders changed; custody and visitation were heard and ruled on years ago, and nothing has changed to warrant changing the order. Even if she did, she'd lose the child support I am scheduled to continue paying until my daughter graduates high school next May.

So I don't need to be served, and it can still be heard, but a permanent order cannot take effect until I am served, is that right?

While there are rules regarding service, you must follow all known court orders. Here, you are not going to go to jail because daughter is just not going to come. The order will only protect mom/daughter from following the current court order.

 

[LdiJ]

Thanks. Her mother is using this as a tool because she cannot get the court orders changed; custody and visitation were heard and ruled on years ago, and nothing has changed to warrant changing the order. Even if she did, she'd lose the child support I am scheduled to continue paying until my daughter graduates high school next May.

So I don't need to be served, and it can still be heard, but a permanent order cannot take effect until I am served, is that right?

Why do you think that child support would stop if the court ordered that the child no longer had to visit? They are completely separate issues. Child support is not an admission ticket to see your child. When your child turns 18 she will no longer be subject to the visitation orders, yet if that happens before she graduates from high school you will still have to pay child support until she does.

 

[latigo]

They will get an ex parte order without serving you. Then, law enforcement will serve you. I am uncertain as to the advantage of going this route rather than change the court order. But, because this is a different case or controversy, you need to be served before a permanent order can be had.

With all due respect I find your response a bit troubling. So perhaps you could clarify.

Even though none of us have read the allegations made in support of the application for the Utah protective order - NOR do we knew who filed it on behalf of the minor and/or under what authority - your response gives the impression that such applications are granted ex parte as a matter of course.

Well first, if the application included a request for a temporary ex parte order and the allegations presented prima facie evidence of its need, an ex parte PO would already have been issued. And the hearing the OP mentions would likely be one of a show cause to determine whether it should be struck or extended.

Secondly, protective orders in the state of Utah, as generally elsewhere are quasi-criminal proceedings. And in this instance before the Utah court is permitted to issue such an order it must be presented with convincing evidence that the father is guilty of physically abusing his daughter or finds that there is imminent danger of such abuse as the term is defined in the Utah Code Title 76B Judicial Code Chapter 7 Protective Orders. (Specifically subsection (a) of Section 78B-7-102 Utah Code.)

And please note that the statute speaks only of “physical abuse”, mental not included.

So, clearly a protective order is not available merely to placate the daughter’s wish to spend her summer with her teenage friends.
_____________

Next you state that if an ex parte protective order is issued out of Utah, that “law enforcement will serve” the non-resident father.

My questions are what law enforcement agencies and on what authority. How could such a Utah court order have extraterritorial consequences?

Thank you

 

[latigo]

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

My 17 year old daughter has filed a request in a UT court for a Protective Order against me. Long story short, she does not want to comply with court ordered parenting time this summer and her mother supports her, so this is their solution.

I live in CA. What are the requirements for service of process?

Do I need to be served personally? Can legal service be made to my attorney if plaintiff is aware I have one in UT?

The case is scheduled to be heard next Tuesday. Does service have to be made by a certain amount of time prior to the hearing date?

Thank you.

Not when we are together. It has more to do with her mother. There has been a lot of alienation over the years. I am not pressuring my daughter at all about coming out. I actually am still in litigation with her mother, so we suspect that this may have been filed by her mother in my daughter's name as retaliation. No other reason for it.

Thanks. Her mother is using this as a tool because she cannot get the court orders changed; custody and visitation were heard and ruled on years ago, and nothing has changed to warrant changing the order. Even if she did, she'd lose the child support I am scheduled to continue paying until my daughter graduates high school next May.

So I don't need to be served, and it can still be heard, but a permanent order cannot take effect until I am served, is that right?

How were you notified that that your daughter “has filed a request in a UT court for a Protective Order”?

Have you received a copy of the Petition? And if so:

What is the title of the court and case number. Different from that in which claim that you are currently in “litigation” with the mother?

What is the name of the person that filed the Petition on behalf of the daughter? And in what stated capacity? As guardian ad litem or something else?

What reasons or allegations are stated in the Petition to support the request for a PO?

And who signed the Petition as verifying any such allegations?
__________________

Are you aware that the only grounds for granting such a Protective Order are acts of physical abuse or the threat of imminent physical abuse?
___________________

You have indicated that you have retained Utah counsel. If so, and you haven’t done so yet, you two should immediately be in communication and be heeding his or her advice. Not that of total strangers!

If you ex wife on behalf of the girl has signed an application for a PO that contains the required allegations to justify it and they are shown to be fabrications, she may have caught her tit in the wringer.

 

[BigMouthWino]

latigo's reponse is wonderful, as usual.

However, just to be clear and answer your original question: You must be personally served (i.e. the papers handed to you or thrown at you personally) for the order to have any effect.

Personal commentary: Your child is practically an adult. If she doesn't want to see you, you ought to be taking a personal inventory to figure out WHY. Brainwashing by the ex is really not possible at 17 and fix whatever problems are between you two. She will be your child FOREVER.