If you need to serve a restraining order but don’t have an address for the person, the court may allow substituted service. This could be publishing a notice in a newspaper or other methods the court allows.

Steps to Serve a Restraining Order

Serving a restraining order is an important part of the process, it notifies the person of the order and its consequences. These orders protect people from domestic abuse and harassment. Permanent restraining orders are formal warnings.

• Proof of Service Form: This form shows the person received the restraining order. Keep a copy for your records to prove service was done.
• Types of Service:
  • Personal Service: Delivering the order to the person or someone who can receive it.
  • Substituted Service: Serving someone indirectly—through a family member, at a workplace or by publication in a newspaper. The court must approve service before the order can be fully enforced.

What is a Restraining Order?

A restraining order, or protective order, prevents acts of domestic abuse or harassment. For more information on restraining orders visit Restraining Order Attorneys at O'Flaherty Law.

What is Domestic Abuse?

Domestic abuse definitions differ by state. In Illinois it’s strangling, hitting, threatening, kicking or harassing a family or household member. Iowa has similar laws which you can read about in our article, What is Considered Domestic Abuse and Domestic Violence?

What is Harassment?

Harassment is any intentional action that makes someone feel uncomfortable or anxious.

What Does it Mean to Serve Someone?

Serving someone means notifying them a legal document has been filed against them. This can be done by:

• Personal Service: Hand delivering the document to the person.
• Substituted Service: Serving someone indirectly, often through a family member, at their workplace or by court approved publication.

If you live in Illinois the civil procedure rules in 735 ILCS 5/2-202 and 735 ILCS 5/2-203 explain the process. Other states have similar rules and an attorney can help with service.

How to Serve a Restraining Order Without an Address

If you don’t have an address for the person you may need to use substituted service. Depending on the state some forms of substituted service may be available:

• Illinois: The court may look to 735 ILCS 5/2-203.1 for service procedures when standard service is not possible. An attorney can help you through this process.

Forms of Substituted Service Without an Address

If there is no address, the court may accept an affidavit, a written statement explaining your situation and why there is no address. This affidavit may allow the court clerk to approve a substituted service method, such as publishing in a newspaper, to meet service requirements.

Affidavit Process for Substituted Service

You or your attorney can prepare an affidavit—a sworn statement that explains your situation and why there is no address for the person. If accepted the affidavit will allow the restraining order process to move forward by publication.

Follow these steps and you can serve a restraining order even without an address. Contact a protective order attorney to help you with your situation. If you have questions about your case O’Flaherty Law can help.

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