Can you serve custody papers with a protective order in place?

Custody and Visitation Forum
1

I’m trying to serve my ex with custody paperwork, but there’s a protective order in place that says no contact except through attorneys, legal process, court hearings, or mail. Does this mean I can only serve her through mail, or can a process server handle it? This is for a custody motion in an existing case in Arizona.

2

Using a process server should be fine since it’s part of the legal process. That’s usually allowed under those restrictions.

3

Brynn said:
Using a process server should be fine since it’s part of the legal process. That’s usually allowed under those restrictions.

Thanks. Does that mean the process server has to mail the paperwork?

4

@Bliss
No, for a custody motion in an existing case, the process server can deliver it directly. Mailing is just another option.

5

If it’s a motion in an existing case, you might not need special permission to use a process server.

6

Josie said:
If it’s a motion in an existing case, you might not need special permission to use a process server.

That’s good to know. I was worried the protective order would complicate things.

7

@Bliss
It’s always smart to double-check with a lawyer, but process servers are usually considered part of the legal process.

8

Does the other party have an attorney? They might be able to accept the papers directly and make things easier.

9

Bin said:
Does the other party have an attorney? They might be able to accept the papers directly and make things easier.

I’m not sure. I’ll have to find out. Would the attorney need to agree to accept the papers?

10

@Bliss
Yeah, they’d need to confirm they’re okay with that. Otherwise, you’d stick to using a process server or mailing.

11

If you’re filing a new case, it’s different. But for an existing case, serving through a process server should work.

12

Fifer said:
If you’re filing a new case, it’s different. But for an existing case, serving through a process server should work.

This is for a custody motion in a case that’s already filed, so I guess that makes things simpler.

13

@Bliss
Definitely simpler. Just make sure the process server is familiar with the rules for Arizona.

14

Check the Arizona rules on service of process just to be sure. Sometimes there are specific steps depending on the type of paperwork.

15

Drew said:
Check the Arizona rules on service of process just to be sure. Sometimes there are specific steps depending on the type of paperwork.

Thanks. I’ll look into the rules. Do you know if I need to file a motion for alternative service methods?

16

@Bliss
No need for that in an existing case. Alternative service motions are usually for starting new cases when the standard methods don’t work.