Does the Attorney General have any authority to require proof of service for a restraining order?

California, United States of America


The following excerpt is from People v. Reyes, B266696 (Cal. App. 2017):

order." However, as authority for this conclusion, the Attorney General cites People v. McClelland (1996) 42 Cal.App.4th 144, a felony stalking case in which there had been no question as to service. (See id., at pp. 149, fn. 2, 153, fn. 3 [although proof of service for temporary restraining order contained clerical error, victim testified she had a friend serve defendant and defendant admitted this at trial; "because both defendant and [victim] were present [at issuance of the final restraining order], no proof of service was necessary"].) Moreover, as appellant points out, the prosecution had elected to designate the September 11 incident as the one giving rise to the stalking charge; hence, even if actual notice could substitute for proof of service, appellant's actual notice that there was a restraining order in effect in October was irrelevant.

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