Q: Judge awarded restraining order today and I got papers from court do I need to serve the other party the final papers
Ok judge approved restraining order for me in court for 3 years. The clerk told me when handing papers to serve them to the other party is there a time you need to serve by? The other party is in jail for temporary restraining order violation how do I serve him in jail. And do I need to file any further documents for serving that way in california? And lastly do I need to bring in papers to courts after service?
A:
In California, once a restraining order is granted, you are required to serve the other party with the order so it becomes legally effective. There is usually a specific time frame to serve the papers, often before the next court date or within a set number of days after the order has been issued. The exact time should be specified in your paperwork or by the court.
If the other party is in jail, you can serve them through the jail's process. You would typically contact the sheriff's department or the jail where the individual is being held to inquire about their process for serving legal documents. They can guide you on how to proceed, and the service must be done by someone over the age of 18 who is not part of the case, often a law enforcement officer or a professional process server.
After serving the papers, you need to complete a proof of service form, which verifies that the other party was served with the restraining order. This proof must then be filed with the court. It's essential to keep copies of all documents for your records. Ensure that this step is completed; otherwise, the restraining order may not be enforceable.
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