Q Who has the priority on serving a summons for a domestic violence protective order? Would the sheriff’s department have priority over the constable for service on an ex-parte temporary order of protection?

A Domestic violence hearings are civil in nature. Section 11-9-107 provides that civil process should first be presented to the constable for service and then to the sheriff if not returned by the constable within 10 working days. Pursuant to Section 11-9-109, if the court, due to the time limitation of holding a hearing within 10 days, determines that an emergency exists, where a constable is not available the clerk may then appoint a sheriff or deputy sheriff or some reputable person to execute process if service may then be accomplished at a more appropriate time. (Attorney General’s Opinion to Young dated December 3, 2009)