How do I serve divorce papers with a restraining order intact? 6 Answers as of July 04, 2013

There is currently a restraining order against my spouse & the judge ordered that there be absolutely no contact between the two of us. If I were to send the divorce papers by certified mail would that be breaking the no contact rule?

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Law Offices of Sheryl S. Graf
Law Offices of Sheryl S. Graf | Sheryl S. Graf
First of all, let me address the restraining order issue. Your question seems to suggest that there is a restraining order against your spouse protecting you from him/her. If there is no restraining order against you, then you are not prohibited from having contact. As to the divorce issue, if you are attempting to serve the Summons and Petition, your spouse must be personally served by someone over the age of 18 who is not a party to the action. Since you are a party, you cannot do it yourself. Whoever gives your spouse the documents - possibly a neighbor or a friend - must complete a declaration which you must then file with the court. Certified mail is not a substitute for personal service.
Answer Applies to: California
Replied: 7/11/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If the restraining order is against your spouse, and not against you, you are not restricted from contacting your spouse. However, a party cannot serve documents in his/her own case, and the restraining orders were issued for a reason, so it would not be a good idea for you to contact your spouse. You should hire a process server to personally serve the divorce papers on your spouse.
Answer Applies to: California
Replied: 7/11/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
You have to have someone else serve the papers. I.e., someone who is over the age of 18 and not a party to the case. This is true in every case, not just a case in which restraining orders are in place.
Answer Applies to: California
Replied: 7/8/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Best to use a process server to serve the papers as a precaution.
Answer Applies to: California
Replied: 7/4/2013
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
You should have the documents personally served and I would suggest you do it by sheriff or professional process server. While having them done by certified mail likely isn't a violation, I wouldn't risk it.
Answer Applies to: California
Replied: 7/7/2011
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