Ex Refuses Service

[nythng4mygrl]

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

For the last 3 weeks, the Sheriff's office has been trying to serve my ex a subpoena in regards to enforcing the restraining order that I have on him. He constantly calls me all day long, harassing me and threatening me. I just called the Sheriff's office to find out that my ex and his attorney have refused service. What does this mean? Can the attorney still represent my ex? Does this mean my ex can threaten me, harm me, and harass me everyday? The judge signed off on my restraining order 3 weeks, however when the ex calls me, I call the Sheriff's office, and they say there is nothing they can do. This really is getting out of hand. Any suggestions?

 

[Zigner]

What does your attorney have to say about this matter. (That's a hint)

 

[Ronin]

Neither your ex or your attorney can REFUSE service. However, they can make themselves difficult to find to be properly served, and the Sheriff's servers are not going to wait around all day to catch someone or go out of their way to ensure service. If this case you need to avail yourself of other service options. If you are unrepresented, you should review your states rules of civil procedure on what constitutes proper service and the various means to accomplish this.

 

[CourtClerk]

I don't understand why the Sheriff doesn't walk the RO into the attorney's office and drop it on the desk of the receptionist....

 

[Zephyr]

I don't understand why the Sheriff doesn't walk the RO into the attorney's office and drop it on the desk of the receptionist....

that is what I was just thinking, or if he finds dad in his car...place it neatly under the windshield wiper

 

[CourtClerk]

that is what I was just thinking, or if he finds dad in his car...place it neatly under the windshield wiper

Perhaps LA has some strange rules in their Code of Civil Procedure, but this is one of those times when a professional process server needs to be utilized.

 

[Zephyr]

Perhaps LA has some strange rules in their Code of Civil Procedure, but this is one of those times when a professional process server needs to be utilized.

I was meaning the sheriff...no one actually has to take the paper from the sheriff's hand, unless you mean an independent process server...


gotta tell ya, the one who served me...almost swallowed his tongue when I offered him a cup of coffee cause it was cold out.....poor guys get treated like crap all the time

 

[CourtClerk]

I was meaning the sheriff...no one actually has to take the paper from the sheriff's hand, unless you mean an independent process server...

Yep, independent process server vs. the Sheriff/Marshall/Constable or whatever they call it out there in those parts...

gotta tell ya, the one who served me...almost swallowed his tongue when I offered him a cup of coffee cause it was cold out.....poor guys get treated like crap all the time

Oh I know. I hear the stories... almost daily. Did he accept the coffee?

 

[meanyjack]

Just a question -- but if there is a restraining order against your ex, why hasn't he been arrested if he's violating it??

Have you called his attorney?? If you are not represented, you are allowed to call and his attorney MUST speak to you.

 

[CourtClerk]

Just a question -- but if there is a restraining order against your ex, why hasn't he been arrested if he's violating it??

Because he hasn't been served with it. He's not in violation of a restraining order until LEGALLY there is a restraining order COMPLETELY in place, which includes service.

 

[Zephyr]

Yep, independent process server vs. the Sheriff/Marshall/Constable or whatever they call it out there in those parts...


Oh I know. I hear the stories... almost daily. Did he accept the coffee?

No he didn't, but he did thank me for not biting his head off....said it was a nice way to end the day....

 

[meanyjack]

Because he hasn't been served with it. He's not in violation of a restraining order until LEGALLY there is a restraining order COMPLETELY in place, which includes service.

Ahh...I thought he already had it....

 

[nythng4mygrl]

The ex and I have an agreement in our community property settlement, that he will not harass me or threaten to harm me, and he will stay away from my house. I had my atttorney file for a restraining order, and the judge wants EX to sign only. NOONE else can accept. Here is the kicker. The sheriff's office has gone to his house, and he will not sign the paperwork. He opens the door, tells them he will not accept, and closes the door. And of course, now he won't open the door anymore.

My attorney has had EX's attorney served, and his attorney will not accept service either. They have both been in direct contact with the constable and will not accept. I really am clueless as to what to do because my phone is ringing off the hook, and the police will not do anything about it.

 

[Ohiogal]

File for contempt if he is not following the orders in the community property settlement and ask that a restraining order (CPO with criminal penalties for violating it) be the outcome of the contempt case.