QUESTION

Is it the plaintiffs responsibility to locate a person that has been threatening them so that the police can serve a protective order and warrant?

Asked on Apr 11th, 2012 on Criminal Law - Virginia
More details to this question:
There is a man harassing my wife and myself. He has made derogatory, slanderous, and threatening statements towards my wife and threatening statements to me. We got a temporary order of protection from the magistrate. When we went to court to make it official the judge said he had not been served and since he wasn''t there the he would have to continue the case. He then told us we would have to locate him and call the police, but if they knock on a door and the person answering the door said he wasn''t there, they could not ask to search the building. He has also posted online that he knows there is a warrant out for him. Does that constitute notification for the trial or do they still have to serve him. I feel like it is too dangerous for us to look for him ourselves. Should the police be the ones looking for him?
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1 ANSWER

Criminal Law Attorney serving Chesterfield, VA
1 Award
You do not need to seek him out.  The main thing you need to do is to show up for all the court hearings, and file all the required petitions to extend the Order.  If he does not show up - the judge will proceed in his absence.   This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.
Answered on Jun 12th, 2012 at 5:29 PM

Please note that this does not constitute an attorney-client relationship nor is it legal advice.

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