I don't know where they're located, but they keep stalking and harassing me and my family and they're harassing my business associates.
Is what I'm asking possible?
You have to personally serve the person that you wish the restraining order to be issued against. If they have an attorney, that attorney can assist in the service...if they are willing. You can hire a process server to track the person down or possibly use the Sheriffs. Good luck.
You cannot serve an attorney with a restraining order for one of the attorney's clients. You need to hire a private investigator to locate the other party. Best thing you can do is to consult with an attorney experienced in restraining order matters (civil harassment or domestic violence restraining orders). The attorney should have investigators he works with, so that the location of the other people can be ascertained so that they can be personally served. Personal service of the other party is required in these matters. Attorneys appear in court on these matters--by way of example, I was involved in a civil harassment case wherein my client got a 3 year injunction issued by a judge in Santa Monica yesterday.
You have to personally serve the individual named in the restraining order. You could also contact a local process sever to see if they could locate them. Also, Mr. Hedding has a good suggestion with contacting the Sheriff's dept. Not sure if they will assist, but it does not hurt to at least ask. They also may be able to provide you with some suggestions.
Why does the person who is stalking you have an attorney? He or she must have had a reason to hire an attorney. When someone employs counsel, you need to go through their attorney and aren't supposed to talk directly to them, so serving the attorney would be the proper channel. The problem is going to be obtaining the restraining order since they got the attorney first for one reason or another, and it may appear to the court that they are the "victim". Best you get an attorney who can advocate for you and deal with their attorney.
This is a general statement regarding law and facts and should not be construed as an attorney-client relationship or a solicitation for same.
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