English
EspañolA asks: What happens if they cannot serve me the protection order because I'm not in the state
In general, a protection order can be served to someone in another state, as long as the judge believes that s/he has “personal jurisdiction” (power) over the out-of-state respondent. Often, the sheriff department in the state that issued the order may connect with the sheriff in the state where the respondent is living, for example, to complete service.
Generally, a protection order is not valid until it is physically served upon the person. However, if the judge believes that a person is purposefully evading (avoiding) service on an ex parte temporary order, it may be possible for a judge to allow alternate service - for example, some states allow a police officer to orally tell a respondent about the terms of the order and that can be considered good service. Also, many courts will continue to adjourn a court case and extend the temporary order until the respondent can be served.
If an ex parte temporary order was already served upon a respondent, and then the final order is issued and that cannot be served upon the respondent, some states’ laws will consider service of the temporary order – and knowledge of the hearing date for the final order – as enough notice to consider the final order served (and effective) as well.
For advice about your individual situation, you may want to talk to a lawyer. We have resources here: LINK
