If someone slips restraining order documents under the person’s bedroom door without seeing or handing it to them, have they been served?

Get Legal Help Today

 Secured with SHA-256 Encryption

If someone slips restraining order documents under the person’s bedroom door without seeing or handing it to them, have they been served?

They did say the person’s name, who gave a response. No other words were exchanged.

Asked on January 15, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country a restraining order against a specific person must be personally served upon him or her. Sub-service, service by publication or the means of slipping the restraining order under a door do not suffice per state statute for personal service of such a document.

In the matter that you are writing about, it seems to me that the required personal service of the restraining order was not met by the order being slipped under a door.


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 with SHA-256 Encryption