Pafva-12
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How will my husband know that an order has been made against him? Do I have to give him a copy?
It is important to note that orders made under the Protection Against Family Violence Act are of no force unless the person named in the order knows that it exists. He or she must therefore be served with a copy as soon as possible after it is made. Service is the legal term for giving him or her a copy.
When a judge makes an emergency protection order, three copies of the order are made either by the judge or by the person applying for the order such as a peace officer. The peace officer or anyone else directed by the judge must then serve a copy of the order on your husband as soon as reasonably possible. Make sure that you check that the order has been served. Once the order is served, whoever served it must complete a sworn statement as to how and when they served it. This document is called an Affidavit of Service and is also filed with the court.
If someone else applies for the order on your behalf, but the order is to protect you, then you must also be served with a copy of the order.
July 2003
see also:
- National: Family Violence
Other Family-Related FAQs:
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