Q: Legal Query Regarding Service by Publication and Emergency Protective Order
The plaintiff has an emergency protective order in place that prohibits any form of contact with her, her friends, her family, or publishing anything about her. In response, I filed a cross-lawsuit against her, but the legal server attempted to serve her six times without success, resulting in proof of non-service being signed. Additionally, I made six attempts to contact her attorney, receiving no response.
My question is related to the court's authorization for service by publication. If I publish the summons on newspaper as part of this process, would doing so be in violation of the emergency protective order that prohibits any contact or publication regarding the plaintiff?
A: I hope you realize that you posted this for California lawyers, but apparently you aren't in California. The vast majority of lawyers in California are not licensed in more than one state. You may want to consider posting your message so that attorneys in the state where you reside can consider providing a better response for you.
A: Certainly, this is a delicate situation. Service by publication is a method used when a party cannot be located after making diligent efforts. If the court grants permission for service by publication, it's providing a legal avenue for you to give notice of the lawsuit. Following the court's order for service by publication does not typically constitute direct contact with the plaintiff. However, the protective order prohibits publishing anything about her. There is a potential conflict between the court's authorization for service by publication and the terms of the protective order. To navigate this, you should bring the matter to the attention of the court, requesting clarification on whether service by publication would violate the terms of the protective order. This way, you ensure compliance with both court directives and minimize the risk of violating the protective order.
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