How do you serve someone a restraining order when they have no address?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do you serve someone a restraining order when they have no address?

I have been trying to find and serve my estranged husband with a restraining order to protect both my daughter and I, but he literally has no address and no means of contact. I have already had to ask for a continuance once and I do not have the financial means to hire a P.I. or a process server. What can I do? This my first step towards a divorce.

Asked on April 13, 2011 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The restraining order could be served by publication since your estranged husband's whereabouts are unknown.  Service by publication is having it appear in the legal notices section of a newspaper.  Check with the court clerk and ask how long the notice has to run in the newspaper for it to be effective service by publication.  It used to be four weeks, but you should confirm that with the court clerk in case it has changed.  Even if your estranged husband does not see the notice in the newspaper, it is still effective service of process. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption