My husband has a habit of disappearing for lengths of time after a violent incident. Suppose the police cannot find him. Does that mean that the emergency protection order has no effect because they cannot give him a copy?
If
your husband cannot be found the person applying for the order can
also apply to the judge to make an order of substitutional service
of the emergency protection order. This means that if certain conditions
are carried out your husband will be deemed to have notice of the
order.
The conditions might include serving a member of his family or anyone
else who might be able to bring the notice to his attention, leaving
the order at a place where he has been living, posting the order
in a public place, sending by email, publishing in a newspaper,
or any other appropriate method of bringing the notice to his attention.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
December
1999 |