What canI do about someone that is avoiding being served a protective order?

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What canI do about someone that is avoiding being served a protective order?

My girlfriend’s ex has been harassing us for months. He stalks us, verbally abuses us, vandalizes our vehicle, and threatens the lives of us and our family. We got a protective order but he left a message saying that he was never going to accept it so he could do whatever he wanted to us. We called the cops and they said there was nothing they could do until he was served, but hes purposely avoiding that. I’m running out of ideas.

Asked on September 11, 2011 under Criminal Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It really depends on the jurisdiction and the laws within your state.  A protective order is not a search warrant so those serving the order can not force them selves in to the residence of the person in order to serve him.  In some jurisdictions, however, and depending on what court issues the protective order (such as Family Court in New York(, if you can prove that you can not locate to serve or that the person is avoiding service, the court may issue warrant for the person.  Then the rules of the game will change drastically.  So check with an attorney in your area or with the court on your options.  Good luck.


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