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Do You Need Formal Notice for a Restraining Order?

restraining order

Do You Need Formal Notice for a Restraining Order?

As a court order, a restraining order aims to protect you from someone who has hurt you from further harm. A restraining order can keep your abuser from the scene of the violence, stop the abuser from harassing you or keep the abuser away from you, including your apartment, workplace, or home. A restraining order doesn’t give the abuser a criminal record as it is a civil order. You must take action right now if you or someone close to you fears for their safety because of an abusive partner. Seek help from Boca Raton restraining order lawyer from Lewert Law, and they will assist you in stopping violence again in Broward County or Palm Beach County.

Getting a Restraining Order

You can obtain a restraining order if you’re a victim of domestic violence. It also includes anyone who has been subjected by a spouse or a former or present household member to domestic abuse. Some of the following involves the occurrence of domestic violence committed by an adult or emancipated minor against a victim:

  • Stalking
  • Sexual assault
  • Lewdness
  • Kidnapping
  • Homicide
  • Harassment
  • False imprisonment
  • Criminal trespass
  • Criminal sexual contact
  • Criminal restraint
  • Criminal mischief
  • Burglary
  • Assault

The Process of Serving Restraining Order

According to law, it is required for the abuser to be given formal notice, which indicates that you’ve filed for a restraining order. It would be best if you had someone who is not involved in your case and is above 18 years of age, including a relative, friend, law enforcement or professional server, to serve your forms.

It is prohibited for you to give these forms to the abuser personally. You can consult a sheriff close to you if you want the sheriff to serve the papers. You will know how many days before the court date from the court so you can serve the abuser.

If law enforcement serves the papers, you’re not obligated to pay to have the court forms served on the abuser. There’s a requirement to fill out a ‘fee waiver application’ first, you can get the marshal or sheriff to serve domestic violence restraining orders for free. There may be a condition to pay on your own if you hire a professional process server to serve the abuser.

You can request for another temporary restraining order and a new hearing date if you can’t serve the abuser before the court date. You will have to fill a specific form to request that must be done before the hearing and which signifies that the trial is continued. When it has been established that the abuser tends to evade or avoid service purposefully, the judge can agree on an alternative method of service if the judge considers the diligent effort you made to accomplish personal service.

Alternative Methods of Serving Restraining Orders

Some of the alternative methods of serving restraining orders are:

  • Mailing a copy of the order to the address after delivering a copy of the court papers to the place of employment or home of the respondent in the care of someone who is at least 18 years old.
  • Serving the order to the most current address for the abuser by mail, return receipt requested.
  • Serving the orders by a publication to give actual notice to the party and mail a copy to the address of the abuser as an indication that the summons has been published in a newspaper.

You will have to fill out a proof of service form when you want to serve the court papers on the abuser. As such, the judge will know that you serve the abuser with the forms. Since it is your responsibility to file it in court, ensure that you get this form back after it is filled out. Ensure that you make five copies of the proof of service form before you fill it in court and then bring the original and five copies to court. You will get back the copies stamped filed after the clerk has kept the original. And as a proof that it was served, attach another copy to the restraining order that you carry as you take a copy to your hearing.

Consult with a Lawyer

Boca Raton restraining order lawyer at Lewert Law will help you file a domestic violence injunction when you contact them for a free consultation. Their experienced and efficient attorneys will not waste time to initiate the legal process to request a domestic violence injunction and a restraining order.

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