QUESTION
Is interfering with a restraining order contempt of court?
Asked on Jul 28th, 2012 on Divorce - California
More details to this question:
I am a registered process server in alameda county,ca. Today I tried to serve a restraining order to a security guard at a hospital in Oakland. The management not only refused to have her come down, but warned her and put out an alert over the radio to be out on the look out for me. Is this contempt of court? Also the Sheriff Dept. and Oakland Police said they can not help unless I was get assaulted. What can I do or what are the legal codes I can use next visit?
6 ANSWERS
Family Law Attorney serving Alameda, CA
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The Derieg Law Firm
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It isn't contempt of court. If you were a police officer it could be obstruction of justice.
Answered on Aug 20th, 2012 at 12:08 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The hospital should have allowed you to serve the papers. I would contact an administrator to discuss the issue. This should be like a gated community and they should help you so long as it does not interfere with the operation of the hospital.
Answered on Aug 19th, 2012 at 10:06 PM
Sorry, noone is violating the law. It is really tacky of them to shield their employee from service of court papers and real tacky of you to serve her there and embarrass her. But neither you nor they have done anything illegal and the police advice was spot on.
Answered on Aug 19th, 2012 at 4:19 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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Not contempt of court. If a CLETS restraining order, have it served for free by the Sheriff. They won't mess with them.
Answered on Aug 19th, 2012 at 6:12 AM
Criminal Defense Attorney serving Tarzana, CA
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The Law Office of Anthony A. Roach
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It's not contempt. It is more like evasion of service. Try to have the guard served somewhere else, like at home.
Answered on Aug 19th, 2012 at 5:17 AM
If you have been ordered to comply with a court order and you willfully refuse, that is contempt. Your use of the word "interfering" causes me to question what you mean. You should take no action that would thwart the orders of the court even if the order is not against you.
Answered on Aug 15th, 2012 at 3:24 PM