Defendant Not Served IN A DV CASE

Defendant Not Served IN A DV CASE

: If the court determines that the defendant has not been served

but finds there is reasonable likelihood of service on the defendant within a

reasonable amount of time (e.g. the defendant’s whereabouts are known, but the

defendant is on vacation), a short postponement shall be granted and a date certain

scheduled, which shall be memorialized in a Continuance Order (See Appendix 9) or

Amended TRO. The Continuance Order shall be served on the defendant with the

Complaint/TRO.

In the event that it is unlikely the defendant can be served within a reasonable

period of time, then the court can issue an indefinite TRO. This TRO shall continue

the reliefs requested by the plaintiff until further order of the court and contain a

provision that a final hearing shall be rescheduled upon service on the defendant.

The case will be recorded as disposed of in FACTS with the case status reason code

of “extended TRO.”