Mendocino — CH-250-INFO

Source: https://www.courts.ca.gov/documents/ch205info.pdf

What if the Person I Want Protection FromCH-205-INFO is Avoiding (Evading) Service or Cannot Be Located?

Why do I have to serve the restrained person? uYou have tried many times (usually 3 or more times) to have someone personally serve theBefore a judge can grant a civil harassment restraining restrained person.order (that can last up to five years), the person you want a restraining order against must know about your request and Some examples of ways you can try to have the have a chance to go to court to explain their side. In most restrained person personally served: cases, the judge will require that you have someone } Serve the restrained person at home, their personally deliver the papers to the person you want workplace, or somewhere they go a lot. restrained. This is called personal service. See form } Search online for where they may be located. CH-200-INFO for more information. } Check with their family and friends. Make sure any attempts to find the restrained What if I already have a civil harassment person are done safely.restraining order? If you have an address for the restrained person, youIf a judge granted you a domestic violence restraining can ask the sheriff or marshal to serve your papers,order on form CH-130, alternative service is not an option which they will do it for free if:for you. Follow the orders for service on form CH-130. It

lis important to follow the orders for service because this is The court granted you a fee waiver; or

how the restrained person will find out about the l The restraining order is based on stalking, restraining orders. Once you file proof that the restrained violence, or a credible threat of violence person was served, law enforcement and the court will vYou believe the restrained person is avoidinghave proof that the restrained person knows about the (evading) personal service or cannot be orders. If you have questions about what the judge ordered located. in your case, see page 2 for where to get legal help. Be ready to explain why you think the restrained person is avoiding service. If you have people who What if I can't personally serve the will help you prove this to a judge, bring them to restrained person? your court hearing or have them write a statement When you cannot personally serve the restrained person that describes what they witnessed. Form MC-030 with a copy of form CH-100 and related papers, a judge may be used for this purpose. may allow you to give, or serve, the restraining order papers another way. This is called alternative service. The judge could order you to have your server give the restrained person your court papers in more than one way. Alternative service may involve other people having If you want to requests alternative service, at your court access to your court papers. date tell the judge details about your attempts to have the This will mean they can see your name, the fact thatrestrained person served. To qualify for alternative service, you want a restraining order against the other party,you must show the judge at least two things. and possibly your statements regarding the abuse. You may want to talk to an advocate about your safety and privacy concerns before you consider this request.

Judicial Council of California, www.courts.ca.gov New September 1, 2022, Optional Form What if the Person I Want Protection From is CH-205-INFO, Page 1 of 2 Code of Civil Procedure, § 527.6(m) Avoiding (Evading) Service or Cannot Be Located? (Civil Harassment Prevention)

What if the Person I Want Protection FromCH-205-INFO is Avoiding (Evading) Service or Cannot Be Located?

What is substituted service? After the newspaper publishes your court papers, make sure you get a signed statement from the newspaper thatThe judge may order you to perform substituted service at includes a copy of what was published in the newspaperthe restrained person's home or workplace, or, if no and when it was published. This statement is usually calledphysical address is known, the restrained person's usual “Proof of Publication.” After you receive this statement,mailing address (other than a post office box; a private file it with the court in your case.mailbox with a commercial business may be okay). Substituted service requires your server to follow these steps: May I serve by email of electronically?

1. Give the papers to someone 18 years or older who To serve someone electronically, like by email or text lives at the restrained person's home or usual mailing message, the person you are serving has to agree to being address (that is not a P.O. box), or who appears to be served electronically or the judge has to order electronic in charge at the restrained person's workplace. If the service. If the person is avoiding service, it is unlikely that only address reasonably known for the restrained they will agree to being served electronically. If the judge person is a private mailbox with a commercial mail orders you to serve the restrained person electronically, receiving agency, give the papers to someone 18 follow all the instructions of the judge, which will usually years or older who appears to be in charge. be found on form CH-117, including any orders to also provide additional forms of service, such as substituted 2. Get the name of the adult who got the papers, and tell service or publication. the adult that the papers are for a request for a restraining order against the restrained person. Where can I find legal help? 3. Mail the papers to the restrained person's home,

workplace, or usual mailing address. (This step is not Free legal information is available in every county at a
required if the papers were given to a person in court self-help center. Staff can provide you with your
charge of the commercial mail receiving agency legal options but will not tell you what you should do in
where the restrained person has a private mailbox.) your case and will not provide you with legal
representation. To find your local self-help center, go to 4. Follow the instructions for completing and filing a www.courts.ca.gov/selfhelp. proof of service as ordered in item 1(d) on form
CH-117.

What is service by publication? The judge may also order you to serve the restrained person by publication. This means that you would have to pay a newspaper to publish a copy of whatever papers the judge orders you to have published at least once a week, for at least four weeks in a row. The judge would approve a newspaper that would have the best chances of the restrained person seeing it. Follow the orders made by the judge, which will usually be found on form CH-117.

New September 1, 2022, Optional Form What if the Person I Want Protection From is CH-205-INFO, Page 2 of 2 Avoiding (Evading) Service or Cannot Be Located? (Civil Harassment Prevention)