1. #1
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    How long does it take to serve someone?

    The Judge signed temp restraining order two days ago and my attorney told me that his process server would serve my stalker/former BF immediately. Attorney told me that he would contact me as soon as the guy was served because the RO doesn't help much until the stalker is made aware of the order.

    I provided the attorney with his home address and place of employment so, after 48 hrs and he is still not served, I am starting to get worried.

    Questions:

    1)Does it usually take this long to serve a person? The only thing I can think of is his roomate is covering for him saying that he is not at home.

    2)The hearing for permanent RO is set for one week from today. If he is not served within a certain period of time will the hearing get rescheduled?

    BTW, I would be asking my attorney these questions but he has "been in court" or whatever all day...it's Friday afternoon and I am STRESSED.

    Help.

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    Many years ago I did some process serving. Sometimes it can take a few weeks to get someone. I wouldn't worry about it after only 48 hours.
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    It takes as long as it takes to physically serve them. If they are avoiding service, it will take longer. There is no exact time. If you need to call LE due to him showing up, etc, let them know that there is an RO out that has not been served yet. Chances are if they respond and contact him, they can serve him then.

    As to the court questions, your attorney will tell you.

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    Keep copies of the order in your home, car, at work and your purse/briefcase, etc. If your former BF shows up and you need to call the police, give them a copy and they should be able to serve him on the spot.

    For that matter (and depending on your state's laws), any person over 18 who is not a party to your court action should be able to serve him if the police are not there.
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    If the guy wont answer the door or doesnt show up to work, etc...the server cannot find him.
    Ive stopped people before on a traffic stops and learned from the computer that Sheriff's Deputy has been trying to get him served. I call the SO, make the guy wait and a Deputy will arrive and serve him.
    Process servers can only do what they do when they find the subject...if no luck then you may want to hire a PI to find him and serve him...they can work exclusively for you, (meaning they dont have a list of people to serve), and may have more time allotted to your case.
    Good luck
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    How long does it take to serve someone?

    I am currently assigned to civil process at my agency and I deal with these frequently. The advice that has been given so far is excellent. In addition, I can state the the more information the better in getting people served. In my area, having a FULL name and date of birth can be quite helpful. Also, having a good description and license plate number of vehicles often helps. With regard to employment, knowing the nature of the job and hours is great information. All due respect to your attorney and other attorneys on this forum, but my experience with attorneys in this area is that they often don't think like cops do in regards to working out in the field. They don't think to ask about details that will help us get people served. If you are able to get your telephone number to the person assigned to serve those papers, I would encourage you to do so. Simply leave a message for them to call you and then answer the telephone when they call, if at all possible. There is a very good chance that you have information that they don't have that may be helpful in serving the person. I seem to get any number of these where they petitioner has a minimal amount of information on the information sheet. My rate of success goes way up when I can speak directly with the petitioner. I see from your bio that you are in the medical field and I realize that it isn't always possible to answer the telephone depending on the nature of your work in the medical field, but if the person assigned leaves a message I would encourage you to return the call as soon as possible. We are absolutely swamped with work and I will often call for more information while I am working the paper. If I end up leaving a voice mail and getting a call an hour later I am working on something else and may not get back to that for quite some time. I apologize in advance for "writing a book" about this, but this is something that my partners and I in my unit discuss fairly often and it is very important.

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    Thanks to all for the replies and advice. It helped calm my nerves.

    Jim1648, the process server actually phoned me last night. She said that there was some hold-up with her obtaining the paperwork from the court so, at that time, had not actually tried to serve him yet. That made me feel better too because I had been thinking that if he was evading the process I might not get the hearing for permanent RO next week. (BTW she said that he needs 72 hrs notice prior to hearing.) She asked many of the questions you did and I tried to give her as much info as I could. She is going to try to serve him early this am and told me that she would call me as soon as he is served or if she encounters any difficulty finding him.

    Perhaps serving him early Saturday vs this past Wednesday will work to my advantage? He will have less time to freak out, get an attorney, etc. prior to the hearing next Friday.

    Thanks again.

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    As others have said, due diligence is given to these papers but alas, they are not the only things police/deputies/servers have on their plate. Attempts will be continually made up until the paper expires or is served. One word of advise is to remember...."the squeeky wheel gets oiled". Don't be afraid to call the local Sheriff or whatever agency is tasked with serving the order politely inquiring as to the status. It will undoubtedly alert the agency you are directly concerned. Not every ten minutes mind you but once a day or two is not too much.

    Hopefully, your jurisdiction keeps these orders available 24/7 so if you do know of the respondent's whereabouts at any given time, they can resond for service. Call immediately should the respondent come around you (keep your cell phone handy). If by chance the order expires prior to service, go back to court and get it extended. It'll get done. Be careful and good luck.

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  9. #9
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    Quote Originally Posted by Bravo189 View Post
    The Judge signed temp restraining order two days ago and my attorney told me that his process server would serve my stalker/former BF immediately. Attorney told me that he would contact me as soon as the guy was served because the RO doesn't help much until the stalker is made aware of the order.

    I provided the attorney with his home address and place of employment so, after 48 hrs and he is still not served, I am starting to get worried.

    Questions:

    1)Does it usually take this long to serve a person? The only thing I can think of is his roomate is covering for him saying that he is not at home.

    2)The hearing for permanent RO is set for one week from today. If he is not served within a certain period of time will the hearing get rescheduled?

    BTW, I would be asking my attorney these questions but he has "been in court" or whatever all day...it's Friday afternoon and I am STRESSED.

    Help.
    Papers have to be handed directly to the person. If we can't find him/her they won't be served. Most of the time when I get papers especially important papers like protection orders they get served right away and until we find the person.

    I've served papers within a half hour of them being issued to taking several days.

    Contact the Sheriff's Office in the area that the papers need to be served, they are responsible for the task if you have questions, and also (calmly) express your concerns and maybe even ask to speak to a supervisor (politely). If it is a small county with only a handful of deputies ask to speak to the Sheriff.

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    With the info I provided her last night, process server had him served by 0830 this morning. Glad she called me.

    thanks again

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    Quote Originally Posted by Bravo189 View Post
    With the info I provided her last night, process server had him served by 0830 this morning. Glad she called me.

    thanks again
    Again, keep copies of all temporary and permanent orders in your house, at work, in your car, purse, briefcase, etc.

    Should he violate the order and you find it necessary to call the police, having a copy of the order available for them to review will make it a lot easier for the officers. Being able to read the order and see it's exact terms makes enforcement a lot easier and makes the officers feel a lot more comfortable.
    Going too far is half the pleasure of not getting anywhere

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