The respondent knows she is going to be served an Order of Protection at home. Can she just not answer the sheriffs at the door or building buzzer?
The summons with notice, petition for an order of protection and temporary order of protection must be personally served (handed to) the respondent. Any person over eighteen years old, except the alleged victim, may serve these papers. The police, the NYC sheriff, a friend or relative or process server can serve the papers. Papers for an order of protection may be served any day of the week at any time of the day or night.
If you are unable to serve the person with the Order of Protection, document the method you used (Sheriff, or police). The Sheriff will send the court proof of their attempt, if you used the police or a process server, note the date and times, precinct number, and officers' names who attempted service. Try to get a statement from the police showing their attempts to serve the Respondent. If someone other than police attempted service, write down the dates, times, and places that service was attempted.you can go back to court and let the judge know the efforts you made to serve the person. The judge might either give you more time to serve them or give you alternative ways of serving them such as via certified mail.
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