A non-molestation order is designed to protect someone from harassment, threats or abuse. Once an order has been made, it usually needs to be served on the respondent so they’re formally made aware of it.
In many cases, that’s straightforward. But what happens if the person deliberately avoids the process server?
Why Does a Non-Molestation Order Need to Be Served?
Service is an important part of the process because it provides clear evidence that the respondent has received the relevant court documents. Otherwise, they could claim ignorance, saying they never received the order, just so they could continue to act against it.
In general, a non-molestation order should be personally served on the respondent as soon as reasonably practicable. The applicant themselves shouldn’t personally serve the documents on the person they’re seeking protection from – that sort of defeats the point, and depending on the circumstances could put them at risk.
This is one reason why a professional process server may be instructed to carry out the service.
What Happens If Someone Tries to Avoid Service?
Avoiding a process server doesn’t necessarily mean the order can’t be served, despite what the respondent might think.
Someone may refuse to answer the door, change their routine or appear to be absent whenever an attempt is made. In other cases, they may have moved from the address provided or be staying somewhere else.
An experienced process server can make several attempts at suitable times and use the information available to establish where the respondent is likely to be found.
How Can a Private Investigator Help?
When somebody is difficult to locate or pin down, that’s a good time to turn to a private investigator.
For example, enquiries may help establish whether the respondent still lives at a particular address or whether they’ve moved elsewhere. Depending on the circumstances, it may also be possible to identify other locations where they can lawfully be approached.
This can be even more valuable where somebody seems to be deliberately avoiding service.
A private investigator doesn’t have special powers to force somebody to accept documents, but experience in tracing people and establishing their whereabouts can make successful service more achievable. And private investigators (good ones, anyway) are well aware of the laws around evidencing service so that it’s legally binding.
What If Personal Service Still Isn’t Possible?
Sometimes, despite reasonable efforts, it simply isn’t possible to serve somebody personally – even with the help of an investigator working at their best.
The court can make directions about alternative methods of service in appropriate circumstances. Any decision to allow an alternative method is for the court, rather than the process server, but the server can then follow those instructions once approved.
It’s therefore important that attempts at service are recorded properly. Details of when, where and how service took place can be provided to the court using the relevant statement of service.
Do You Need Help Serving a Non-Molestation Order?
If you need to serve a non-molestation order and the respondent is proving difficult to locate or appears to be avoiding service, EJM Investigations can help.
Our experience in both process serving and private investigations means we can approach difficult cases practically and professionally.
For any enquiry about serving a non-molestation order or locating somebody who needs to be served, call us on 01772 334700.