Domestic Violence

questions & answers

Question: My son went to court and got my restraining order against him dismissed. I went to court and got a copy of the proof of service which was signed by his fiancée. She never served me. Is it legal for her to serve me?

Answer:
http://www.azcourts.gov https://www.azcourts.gov
 ORDER OF PROTECTION: is used for a “family” relationship between you and the Defendant. This can include any of the following: 1) married now or in the past, 2) live together now or lived together in the past, 3) parent of a child in common, 4) one of you is pregnant by the other, 5) you are a relative (parent, in-law, brother, sister, or grandparent), or 6) current or previous romantic or sexual relationship. Also, you must state how an act of domestic violence was threatened or committed against you within the last year.

 The court will look at the affidavit that an attempt or multiple attempts were made to serve the person regardless of whether or not service occurred. Also returning to the court to obtain a copy may indicate that you knew that an attempt to serve you had occurred and you were evading the process of service.