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Emergency Protective Order Service Requirements

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asdf123

Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA

What are the service requirements of an Emergency Protective Order (issued by law enforcement) if it was issued ex-parte and initially in the absence of the restrained party? That is to say, there was no law enforcement arrival at the scene of a domestic dispute?

Is in-person service required, or is simple knowledge of it's existence sufficient?
 
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Isis1

Senior Member
What is the name of your state (only U.S. law)? CALIFORNIA

What are the service requirements of an Emergency Protective Order (issued by law enforcement) if it was issued ex-parte and initially in the absence of the restrained party? That is to say, there was no law enforcement arrival at the scene of a domestic dispute?

Is in-person service required, or is simple knowledge of it's existence sufficient?
Los Angeles Superior Court - Family Law

California Courts: Self-Help Center: Protection from Abuse: Introduction to Restraining Orders: Where can I find someone to help me?

depending on the situation, telephonic notice can be done per the court rules. personal service can also be done per the court rules.
 

CdwJava

Senior Member
What is the name of your state (only U.S. law)? CALIFORNIA

What are the service requirements of an Emergency Protective Order (issued by law enforcement) if it was issued ex-parte and initially in the absence of the restrained party? That is to say, there was no law enforcement arrival at the scene of a domestic dispute?

Is in-person service required, or is simple knowledge of it's existence sufficient?
An EPO is usually issued when the suspect is in custody, so it tends to be relatively easy. Since it is only good for five business days or one week (7 days), it is temporary anyway. If the protected party wants longer term protection, they need to go to court.

But, to be valid, service must be provided. It is rare that verbal service is considered good service.
 

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