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2022 Amendments to Code of Civil Procedure Give Court Option to Order Service by Facebook, Instagram

Ordinarily, a restraining order needs to be personally served upon the retrained party in California. Sometimes, service of a restraining order, whether temporary or permanent, is the most difficult aspect to the restraining order process.

Recognizing the difficulty in serving persons who may be evading service or whose whereabouts are unknown, the California legislature recently amended California Code of Civil Procedure § 527.6(m)(2) to read:

If the court determines at the hearing that, after a diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the respondent is evading service or cannot be located, then the court may specify another method of service that is reasonably calculated to give actual notice to the respondent and may prescribe the manner in which proof of service shall be made.

This does not mean you can simply arrive in Court and ask to serve the other party through Facebook, Instagram, LinkedIn, or through other means. The threshold requirement still on the moving party to demonstrate "diligent efforts" "to accomplish personal service".

If you are having trouble serving your restraining order, contact one of our attorneys today to discuss alternate options for service.

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