Q: restraining order
I want to get a restraining order against someone in New york but they are currently traveling outside the country and I don't know when they will be returning
A: You will need to get a process server in the country where they are traveling to serve them with the papers.
A: For a restraining order to be effective, the person restrained has to be served. If the person is out of the county unless you can serve them the order is ineffective until they can be served. If they will be out of the country for an extended period of time, the case may be dismissed before you get to serve them. Keep in mind, that the person you want to restrain has to be related by blood or marriage or whom you have an intimate relationship with to get an order from Family Court. If it is a criminal matter, then the district attorney has to get the order for you if they take the matter.
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