Forms of Service
Sheriff’s Office – Availability for Family Court matters varies by jurisdiction. This keeps client costs low.
Certified Mail, Restricted Delivery, Return Receipt Requested – Although this should be delivered to and signed for only by the named opposing party, the Postal Service sometimes does not abide by this. If anyone else signs for the service, it is not deemed proper. In this case, you will either have to resend, or serve through a different method.
Private Process Server – If you use a private process server, check your Affidavit of Service. There are occasional misspellings or the documents are named improperly. If so, contact the process server to get them corrected before going to court.
Service by Publication – This form of service must first be approved by the court via a Motion for Order of Publication. Include a client affidavit affirming their knowledge of opposing party’s location, and an affidavit detailing your other attempts at service.
Unofficial contact that does not constitute service – Social media messages or emails do not constitute service, but providing the opposing party the time and dates of court hearings may lead them to appear so that they may be served properly.
International Service – Contact an expert in these special circumstances
Protecting Your Client
Domestic violence is often about control, and initiation of any legal action is often perceived by the abuser as a threat to that control. Filings or service are key danger zones in domestic violence cases. Explain the service process to your client and explicitly ask, ‘How do you think (abuser) will react to being served?’ If there is any fear of a violent reaction, suggest that your client find a safe place to stay for a few days. It can be a friend’s house, a local hotel, or a domestic violence shelter.
Call the client before sending a service order, and request that the sheriff’s office notify you when the abuser is served so that you can contact your client to let them know.
Schedule a check-in with your client after the service. Not only will it reassure you, but it will also provide them reassurance that you are invested in their safety.