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  1. #1
    Join Date
    Sep 2014
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    4

    Default Serving a Person That Lives Outside of Your State

    My question involves restraining orders in the State of: CAL

    Hello, I'm a female residing in the State of California. I am looking into getting an order of protection against an individual that lives in the State of IL, however i know that it will be almost impossible to get him served with papers. I have done some research online but unfortunately at this time i don't have alot of the money to spend on attorneys, process servers, court fees, etc. My fear is starting the process of getting the order of protection against this individual, spending thousands of dollars on an attorney to file for me and then I have to pay a process server to go out to his home and "try" to serve him (multiple times). I know they will never get him served. He works out of the home and rarely leaves it. I can't even imagine how much it will cost (me) every time the process server attempts to serve him with papers. I'm assuming i have to pay for each attempt even if he is never properly served. So my question is, how many times do i have to file with the court for the restraining order and how many times does he have to be attempted to be served with papers before some kind of "default" judgment kicks in?


  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Serving a Person That Lives Outside of Your State

    Quote Quoting H.W.
    View Post
    My question involves restraining orders in the State of: CAL

    Hello, I'm a female residing in the State of California. I am looking into getting an order of protection against an individual that lives in the State of IL, however i know that it will be almost impossible to get him served with papers. I have done some research online but unfortunately at this time i don't have alot of the money to spend on attorneys, process servers, court fees, etc. My fear is starting the process of getting the order of protection against this individual, spending thousands of dollars on an attorney to file for me and then I have to pay a process server to go out to his home and "try" to serve him (multiple times). I know they will never get him served. He works out of the home and rarely leaves it. I can't even imagine how much it will cost (me) every time the process server attempts to serve him with papers. I'm assuming i have to pay for each attempt even if he is never properly served. So my question is, how many times do i have to file with the court for the restraining order and how many times does he have to be attempted to be served with papers before some kind of "default" judgment kicks in?

    Honestly, the odds of getting a protection order against someone who lives halfway across the country from you are slim to none, even if you could get him properly served. There is even a question of whether or not your local courts would have jurisdiction to even hear the case.

  3. #3
    Join Date
    Sep 2014
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    4

    Default Re: Serving a Person That Lives Outside of Your State

    Quote Quoting llworking
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    Honestly, the odds of getting a protection order against someone who lives halfway across the country from you are slim to none, even if you could get him properly served. There is even a question of whether or not your local courts would have jurisdiction to even hear the case.
    this person (my ex) has been constantly contacting me via email/phone for almost a year now, so i know this is considered harassment.

    and what do you mean by "There is even a question of whether or not your local courts would have jurisdiction to even hear the case." why wouldn't they? please explain. thank you.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Serving a Person That Lives Outside of Your State

    Because he's in a different jurisdiction - your court doesn't have personal jurisdiction over him.

    Block his number, send all of the emails to the trash folder.

  5. #5
    Join Date
    Sep 2014
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    4

    Default Re: Serving a Person That Lives Outside of Your State

    Quote Quoting Dogmatique
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    Because he's in a different jurisdiction - your court doesn't have personal jurisdiction over him.
    no it doesn't but his court does. and if the harassment is taking placing/coming from IL then his cops/jurisdiction will have to deal with him. I've already gone to my police and they said if the other jurisdiction cooperates with them, we can drag him into either court.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Serving a Person That Lives Outside of Your State

    Quote Quoting H.W.
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    no it doesn't but his court does. and if the harassment is taking placing/coming from IL then his cops/jurisdiction will have to deal with him. I've already gone to my police and they said if the other jurisdiction cooperates with them, we can drag him into either court.
    The chances of IL awarding you a restraining order when you live in CA is basically nil.

    If that were the case though, you'd travel to IL to see it through? You sure you want to expend the resources and time on that?

    You need to consider that LEOs are not attorneys.

    Is there a reason you can't ignore the emails and block his number?

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