How Do I Get a Restraining Order When the Restrained Party Is Evading Service?
After you obtain a Domestic Violence Restraining Order in San Diego County, you need to serve it before the hearing date set by the Court. If the restrained party gets the impression that you obtained a Domestic Violence Restraining Order (“DVRO”) against them, they may try to evade service. This not only prolongs the legal process but also allows the restrained party to continue their abusive behavior without violating the orders. This is because a restrained party must have notice of the orders against them before law enforcement holds them accountable to the domestic violence restraining order.
Until recently, California law required personal service before the court could issue a DVRO. If you cannot locate or personally serve the restrained party, you can seek alternate service of the restraining order under California Code of Civil Procedure section 527.6.
What efforts do I have to take before I can seek alternate service?
The court will not accept your request to seek alternate service after only minimal attempts to serve the DVRO personally. You must make a diligent effort. What constitutes enough effort in your San Diego domestic violence case?
In Yu v. Pozniak (2025) the petitioner tried to serve the respondent six times at an old address and claimed she was “evading service.” The Court concluded that this effort to serve the TRO was insufficient because the process server’s declaration lacked the specificity necessary to show a thorough, good-faith investigation into the whereabouts of the restrained party. The California Court of Appeals provided guidelines to meet the “diligent effort” requirement. For the Court to approve alternate service, you must provide specific facts about each service attempt (dates, times, addresses, and who was present).
Evidence showing why you believed the respondent could be found at each address or location.
Efforts to determine the location of the restrained party, for example, contacting family members/friends, checking DMV records, social media, public records, or mail forwarding information.
General claims like “we tried to serve them several times” or “they’re avoiding service” are not enough. San Diego County Courts expect detailed, credible evidence of real effort.
What alternative service will the Court grant me?
CCP 527.6 gives the Court authority to order alternative service by any means reasonably calculated to give notice. Often, this service includes:
Service by posting at the courthouse
Service by publication
Substituted Service (service on an entity or individual on behalf of the restrained party).
Sometimes, service by email or text message (if reasonably calculated to give notice).
How your San Diego Family Attorney can help you get an order for alternative service
Working with an experienced family lawyer in San Diego can make a significant difference when a respondent is evading service. A skilled family law attorney in San Diego can:
Hire a licensed process server or investigator familiar with locating evasive restrained parties.
Prepare a legally sufficient declaration of due diligence that meets the court’s evidentiary standards.
Request alternative service methods.
Advocate for you in court to ensure your restraining order request is not denied on procedural grounds.
If the restrained party continues to hide or move frequently, your attorney can also request temporary extensions of your restraining order while service is ongoing.
At Livingstone Law, our attorneys understand how stressful it is when a dangerous litigant evades service and delays your case. As top-rated family attorneys in San Diego, we help clients meet complicated procedural requirements and ensure the court hears your case as quickly and safely as possible.
If you believe the other party is evading service in a restraining order case, don’t wait. Contact our experienced San Diego family law attorneys who understand your situation. We have over 40 years of combined courtroom experience, earning the respect of the court, mastering the ins and outs of restraining orders, and developing the grit to handle difficult cases.
Contact Livingstone Law for a free consultation.
