Q: Can you mail the proof of service to a person to an address there not allowed to go to because of a restraining order?
All legal work that is supposed to be served by mail to me by the petitioner is sent to an address i cannot go to because of a restraining order. Is this legal to do? Everytime I go to court i am flying blind because I never get the paperwork. Can I ask for a continuance? Is it legal for the petitioner to use a restraining order in a malicious way?
A:
A lot depends on the terms of the restraining order, which you apparently have against your spouse. Courts have an exception for the service by mail or electronically of legal documents, such as you are describing, because the person serving CANNOT be the party, it has to be someone else, like a sheriff or third person. Yes, you can and should request a continuance and an order from the judge that you must be served by mail or electronically in a timely manner. I don't think your spouse is using the restraining order in a legal way. Restraining orders say that they have to be served, by person or by mail but the petitioner cannot do the serving, they have to get someone else to do it and sign the proof of service. Personal service by the Sheriff is free. You have to have your papers served on them, and you cannot do it, it must be mailed, and the proof of service signed, by someone else.
Justia disclaimers below, incorporated herein.
A:
Sorry, I misread part of your facts. You are restrained from going to the address she is mailing the documents to. I get it. This is a ploy. It is not effective service of documents. You need to have your current mailing address on file with the Court and to file a "notice of change of address" with the court on pleading paper, so it is official. This will stop the service to an address you cannot go to. I am always amazed at the shenanigans that happen in Family Law matters.
Justia disclaimers below, incorporated herein.
A:
FILE A CHANGE OF ADDRESS WITH THE COURT.
YOU MAY HAVE TO ASK FOR A CONTINUANCE.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
