Hurricane, UT asked in Family Law for California

Q: No Proof of Service for Temporary Conservatorship of the person and a Temporary Restraining Order

Proof of service has never been successfully made, the TRO person has intentionally avoided any and all efforts to be served, she has isolated my dad from his family and they both remain in hiding. The judge in this case has been frustrated by the California law to move forward because neither party have been personally served. The attorney appointed by the court to represent my dad argues the law doesn’t allow the judge to grant any orders without proof of service, even though other family members of the TRO person have attended all proceedings and allowed to give testimony under oath. The judge is looking for a law that can be argued by filing a EA330 or EA300 of Isolation under California codes 15610.43A or 15657.03. The family is exhausted in its attempts to give proper notice. My father is 94 suffering from dementia has not been seen by his oncologist for follow up treatments in 12 months.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: In California, the law requires that parties in legal proceedings, such as those involving Temporary Conservatorships and Temporary Restraining Orders, must be properly served with notice of the proceedings. This is a fundamental part of ensuring due process, where each party has the right to be informed and to participate in the legal process affecting their rights. When a party intentionally evades service, it can indeed create a significant challenge, as the court generally cannot proceed with orders affecting a person's rights without proof of service.

However, under specific circumstances, California law provides for alternative means of service when conventional methods fail, such as by publication in a newspaper or by posting in a conspicuous place, among others. These methods require court approval, and the judge must be convinced that reasonable efforts have been made to serve the party in question and that alternative service is justified. In situations involving alleged elder abuse or isolation, as you've described, the court may consider the urgency and the welfare of the person allegedly being isolated or abused when deciding on these matters.

Given the complexities and the serious implications of your father's situation, including his health and well-being, it would be wise to discuss the possibility of using alternative service methods with your legal counsel. Additionally, exploring legal avenues like filing under California codes 15610.43A or 15657.03 for elder abuse related to isolation could provide a framework for the court to act upon, even in challenging circumstances of service evasion. It's important to present a strong case to the judge, showing all efforts made to serve the necessary parties and the impact of the alleged isolation on your father's health and safety.

1 user found this answer helpful

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.