Are restraining orders valid if they can't be served?

Question

A restraining order has been issued but the sheriff has been unable to serve it is there anyway it can be enforced?

Can posting a listing in a local newspaper suffice in lieu of serving the papers?

Also, once it has been issued, BUT NOT SERVED, can the person who filed for the order still contact the person they want restrained?

Answer 1

In most states, the order is not valid unless served and must be served in person by a officer of the court.  Check with an attorney in your area to determine the laws where you reside.

Answer 2

In most jurisdictions there's a limit to the waiting period for serving papers. A public notice of some sort, like an advertisement in the want ads of the local paper, will be filed. This will serve as technical fulfillment of due process if the person cannot be served papers in a reasonable manner and time frame.

While the person who filed for the order can technically contact the person against whom it was filed, that would likely cause the order to become nullified, UNLESS the purpose of attempted contact was to notify the person that the order was in place.

Answer 3

The order must be served. However, the person can still be charged with harassment, stalking, or any other law that is broken in the meantime.

Answer 4

I have an anecdotal  experience that may help.  When the police tried to serve the protective order to the person who hurt me no one came to the door.  Eventually the Judge gave the police permission to tack it to the his front door, and he was considered served. A lot of people avoid being served.