I’ve been asked a few times whether avoiding service of a restraining order was advisable, and I’ve recommended that defendants appeal rather than go off the grid. I’m not an attorney, and I don’t strictly know what consequences might befall a defendant who ducked the law and then got caught. To the best of my limited knowledge, s/he’d be subject to arrest. The story that follows, therefore, is posted strictly FYI, and is not intended nor should be construed as advice, legal or otherwise. Its facts, furthermore, may not apply universally, as laws that govern the administration of restraining orders differ from state to state.

I was contacted by a woman a few months ago who was issued a false restraining order sought by a vindictive and parasitic man who meant to use the system to hurt her. She happened to be out of town and timed her return to coincide with the order’s expiration for non-service. (Restraining orders must be served within a specified period, for example, 45 days. If this term elapses, the restraining order is voided, and its applicant must return to the courthouse and start the process over.) This cagey woman actually called the police, explained the situation, and inquired how long they had to serve her. She didn’t hide from them; she simply remained unavailable for that period. Upon her return, she applied for a restraining order against her false accuser…and got it.

While it’s the official position of this ever probative writer that she should be ashamed of herself, some reprobate scofflaws might chalk one up for poetic justice.

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