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How can I see that a TPO is served on my husband (we are in a divorce)? The sheriff's office is failing to serve him.

Colorado Springs, CO |
Filed under: Divorce

I have had a terrible time seeking divorce from a husband who was emotionally and somewhat physically abusive to me for a long time. I finally sold things in order to afford at least a paralegal for help in filing.

I got a restraining order on my husband, who is actively stalking me in various ways. He also makes off hand emails, messages which are threatening in nature. He owns a lot of guns as well, which just makes me nervous.

I did get a TPO on him and my hearing is next week. But the county sheriff's office is failing to serve him. So I can't enforce the order, and his stalking is actually making me physically ill from the stress.

Any suggestions on how I can expedite service of the order on him?

I may add that I am seperated from him and not at the same address with him anymore. I have two hearings next week: my initial status conference and a day or so later, the protection order heaing. I cannot afford an attorney so nobody will be with me at either of these hearings. I am also ill from all the stress, so hope I will be well enough for both hearings next week. I need to stop his stalking somehow so I can be well enough to pursue the divorce.

Attorney Answers 1

Posted

If the sheriff's office is having difficulty finding him when they look to serve the paperwork, you can have the papers served by a private process server. The papers can be served by anyone who is over 18, not related to you, who is willing to hand your husband the papers and later signs an affidavit of service in front of a notary public.

Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues. You can reach Harkess & Salter LLC at (303) 531-5380.

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Asker

Posted

Thank you. I've had problems with him again today, and did report it to the police. I'll call a private process server and see if I can make that arrangement. Thank you for your answer.

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