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.”
