What can I do if Respondent is evading service?

When conflict is high and there may be issues of domestic violence, we often see that Respondent’s avoid service. Typically this is because they are aware that they have done something unlawful or inappropriate and they are trying to avoid the legal system. Unfortunately, the decision to evade service can be extremely costly to the Petitioner or the person asking for the protection.

Thankfully, in 2018 the law was amended such that under Family Code 6340, if at the time for a Temporary Restraining Order hearing the restrained party has not been served and it appears that s/he is evading service, the Court has permission to order an alternative form of service.

This means that if you are having trouble serving the other side for a Restraining Order hearing you can now as the Court to order service by an alternative means.

If you are having difficulty with serving your ex, Contact Amanda at Amanda@gordonfamilylaw.com to learn more information.